HomeMy WebLinkAbout07-09-2020 - Planning Commission1 of 11
NEWPORT BEACH PLANNING COMMISSION MINUTES
CITY COUNCIL CHAMBERS – 100 CIVIC CENTER DRIVE
THURSDAY, JULY 9, 2020
REGULAR MEETING – 6:30 P.M.
I. CALL TO ORDER – The meeting was called to order at 6:33 p.m.
II. PLEDGE OF ALLEGIANCE – The pledge was led by Commissioner Klaustermeier
III. ROLL CALL
PRESENT: Chair Peter Koetting (remote), Vice Chair Erik Weigand, Secretary Lee Lowrey, Commissioner
Curtis Ellmore, Commissioner Sarah Klaustermeier, Commissioner Lauren Kleiman,
Commissioner Mark Rosene
ABSENT: None
Staff Present: Community Development Director Seimone Jurjis, Deputy Community Development Director Jim
Campbell, Assistant City Attorney Yolanda Summerhill, City Traffic Engineer Tony Brine, Senior
Planner Ben Zdeba, Assistant Planner Patrick Achis, Assistant Planner Melinda Whelan,
Administrative Support Specialist Clarivel Rodriguez, Administrative Support Technician
Amanda Lee
IV. ELECTION OF OFFICERS
ITEM NO. 1 ELECTION OF OFFICERS
Summary:
The Planning Commission’s adopted rules require the election of officers at its annual meeting, which
occurs at the first meeting of July each year. Officers include the Chair, Vice Chair, and Secretary and
they would serve for a one-year term.
Recommended Action:
1. Find this action not subject to the California Environmental Quality Act (“CEQA”) pursuant to
15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines,
California Code of Regulations, Title 14, Chapter 3;
2. Nominate Planning Commission officers consisting of Chair, Vice Chair, and Secretary; and
3. Appoint the officers by majority approval of a motion either individually or as one motion for all
positions.
Motion made by Commissioner Lowrey and seconded by Commissioner Kleiman to approve the nomination
of Commissioner Weigand for Chair of the Planning Commission.
AYES: Koetting, Weigand, Lowrey, Ellmore, Klaustermeier, Kleiman, and Rosene
NOES:
ABSTAIN:
ABSENT:
Motion made by Chair Weigand and seconded by Commissioner Klaustermeier to approve the nominations
of Commissioner Lowrey for Vice Chair and Commissioner Kleiman for Secretary of the Planning Commission.
AYES: Weigand, Lowrey, Ellmore, Klaustermeier, Kleiman, Koetting, and Rosene
NOES:
ABSTAIN:
ABSENT:
DocuSign Envelope ID: 7E43CA71-EFB9-4C73-B4C1-2601CF48D923
Planning Commission Minutes
July 9, 2020
2 of 11
V. PUBLIC COMMENTS
Jim Mosher inquired whether an application for the second AT&T small cell installation recently approved by the
Zoning Administrator will need to request a coastal development permit and whether Planning Commission
meetings will continue in the current format after City Hall closes on July 13.
VI. REQUEST FOR CONTINUANCES
None
VII. CONSENT ITEMS
ITEM NO. 2 MINUTES OF JUNE 18, 2020
Recommended Action: Approve and file
Motion made by Vice Chair Lowrey and seconded by Secretary Kleiman to approve the minutes of the June
18, 2020, meeting with the revisions suggested by Mr. Mosher.
AYES: Weigand, Lowrey, Kleiman, Ellmore, Klaustermeier, Koetting
NOES:
ABSTAIN: Rosene
ABSENT:
VIII. PUBLIC HEARING ITEMS
ITEM NO. 3 HOAG DEVELOPMENT AGREEMENT ONE-YEAR EXTENSION (PA2020-065)
Site Location: 1 Hoag Drive
Summary:
The City and Hoag Memorial Hospital Presbyterian (“Hoag”) entered into a Development Agreement
(“Agreement”) in 1994 to ensure the orderly development of the hospital over time. On July 23, 2019, the
City Council approved a third amendment to extend the 25-year Term of the Agreement for an additional
ten (10) years in exchange for certain community benefits provided by Hoag. Hoag has requested a fourth
amendment to extend the Term of the Agreement for one (1) additional year in light of COVID-19-related
impacts that have constrained their ability to plan for the future development of the hospital campus
consistent with the amended Agreement. The Agreement grants Hoag the vested right to develop the
hospital campus consistent with an extensive set of regulations and mitigation measures, all of which
would remain unchanged by this proposed fourth amendment.
Recommended Action:
1. Conduct a public hearing;
2. Find all significant environmental concerns for the proposed project have been addressed in a
previously certified Final Environmental Impact Report (EIR) and Supplemental EIR, and that the City
of Newport Beach intends to use said document for the above noted project, and further that there
are no additional reasonable alternative or mitigation measures that should be considered in
conjunction with said project; and
3. Adopt Resolution No. PC2020-026 recommending City Council adoption of Development Agreement
No. DA2020-003 amending Amended and Restated Development Agreement No. 5 to extend the
Term of the Agreement by an additional one (1) year.
Commissioner Ellmore recused himself from the item as he serves on an advisory panel for Hoag Hospital.
Assistant Planner Patrick Achis reported Hoag Hospital requests a fourth amendment of the Development
Agreement to extend the term by one year in light of COVID-related impacts constraining its ability to plan for
development. Under the current Development Agreement, Hoag has the right to develop the hospital campus
consistent with an extensive set of regulations and mitigation measures, none of which are affected by the
proposed amendment. In 2019, the City Council approved an extension of the Development Agreement to
DocuSign Envelope ID: 7E43CA71-EFB9-4C73-B4C1-2601CF48D923
Planning Commission Minutes
July 9, 2020
3 of 11
2029 in exchange for community benefits. With approval of the proposed amendment, the term would extend
to 2030. Hoag intends to fully exercise the development allowances under the agreement and requires one
additional year to account for COVID-19 complications and delays to planning and development.
In response to Commissioner Klaustermeier's question, Assistant Planner Achis advised that the terms relative
to the public benefits will not be affected by the proposed amendment.
Commissioners Rosene and Klaustermeier and Vice Chair Lowrey disclosed no ex parte communications.
Secretary Kleiman and Commissioner Koetting and Chair Weigand disclosed communications with the
applicant's consultant.
Chair Weigand opened the public hearing.
Sanford Smith, Hoag Hospital Senior Vice President for Real Estate and Facilities, indicated the majority of
planning work has been delayed in order to address the current COVID-19 crises.
In reply to Chair Weigand's inquiry, Mr. Smith related that elective procedures have been postponed and
patients have avoided hospital services in response to the stay-at-home order. The hospital has focused on
crisis response. Planning for the hospital campus has not been and will not be a focus for at least a year.
Jim Mosher, a member of the public, commented that if the applicant's consultant is a lobbyist and has not
registered with the City, he should do so. Mr. Mosher questioned whether the public benefit provided in the
Development Agreement should be amended to allow some flexibility in its use.
Chair Weigand did not believe renegotiation of Development Agreement terms is within the Planning
Commission's purview.
Chair Weigand closed the public hearing.
Motion made by Commissioner Rosene and seconded by Commissioner Klaustermeier to approve the staff
recommendation.
Substitute Motion made by Commissioner Koetting and seconded by Vice Chair Lowrey to approve a two-
year extension of the Development Agreement Term.
Chair Weigand shared his opinion of the Development Agreement in light of the services Hoag Hospital
provides to the City and the community.
The Substitute Motion was approved by the following vote:
AYES: Weigand, Lowrey, Kleiman, Klaustermeier, Koetting, Rosene
NOES:
RECUSED: Ellmore
ABSENT:
ITEM NO. 4 AT&T SMALL CELL SLC0796 APPEAL (PA2019-111)
Site Location: Public right-of-way, City Streetlight Number SLC0796, at the northwestern
corner of Balboa Boulevard and 30th Street
Summary:
An appeal of the Zoning Administrator’s decision on April 16, 2020, to approve a minor use permit allowing
the installation of a small cell wireless facility on a City-owned streetlight pole. Project implementation will
be fully contained within the public right-of-way on Balboa Boulevard and includes the following: (1)
Removal and replacement of an existing City streetlight; (2) Installation of a small cell wireless facility that
consists of four remote radio units, a raycap disconnect, and an omni-directional antenna within a 12-inch
diameter antenna screening shroud. This equipment would be fixed to the top of the replaced streetlight
pole for a maximum height of 34 feet, 9 inches. Support equipment will be in an adjacent below-grade
DocuSign Envelope ID: 7E43CA71-EFB9-4C73-B4C1-2601CF48D923
Planning Commission Minutes
July 9, 2020
4 of 11
vault. Also included is the review of a coastal development permit pursuant to Newport Beach Municipal
Code (NBMC) Section 21.49.020(B).
Recommended Action:
1. Conduct a public hearing;
2. Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Sections
15302 and 15303 under Class 2 (Replacement or Reconstruction) and Class 3 (New Construction or
Conversion of Small Structures), respectively, of the State CEQA (California Environmental Quality
Act) Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no
potential to have a significant effect on the environment and the exceptions to the Class 3 exemption
under Section 15300.2 do not apply; and
3. Adopt Resolution No. PC2020-018 approving Coastal Development Permit No. CD2020-052 and
affirming the decision of the Zoning Administrator approving Minor Use Permit No. UP2019-030
with the attached Findings and Conditions.
Senior Planner Ben Zdeba reported small cell is new technology that is being deployed globally. The City’s review
is largely limited by federal law to primarily aesthetics, land use, and environmental impacts. The Planning
Commission cannot consider safety and health hazards due to radio frequency emissions when making its
decision. The City Council authorized a Master License Agreement (MLA) for use of City-owned streetlights,
including the proposed streetlight. On April 16, 2020, the Zoning Administrator approved applications for this
facility and a second facility. Mark Pollock filed an appeal on April 28, 2020, and cited underlying issues with the
MLA. On June 4, the Planning Commission continued a hearing of this item to allow further analysis of the need
for a coastal development permit. Applications for two additional facilities will return to the Zoning Administrator
for coastal development permits.
Senior Planner Zdeba continued that the Zoning Administrator referred the application for a coastal development
permit for facility SLC0796 to the Planning Commission for hearing with the appeal as a single project. The
proposed location is adjacent to an unusually large parkway area adjacent to a residential district. The entire
neighborhood is zoned residentially except for one parcel zoned visitor serving commercial where a laundromat is
located. The location on the wider thoroughfare of Balboa Boulevard will limit obstructions to the transmission of
signals. The existing streetlight will be replaced with a similar streetlight, but the height of the streetlight pole will
increase from 30 feet 2 inches to 34 feet 9 inches. Antennas will be enclosed in a screening shroud atop the
streetlight, and all support equipment will be vaulted below grade. The height of the proposed luminaire or light
source will remain the same as the existing luminaire and other luminaires along City streets. The applicant
considered five alternative sites and determined they are infeasible or inferior to the proposed site. Based on the
applicant's coverage maps, the proposed facility will improve coverage. Staff found that the facility will not impede
access, impact public view or coastal resources; is consistent with the Zoning Code and General Plan; is visually
compatible; and complies with Title 20 and Title 21 standards. Staff has prepared several conditions of approval
that address conformance with the submitted design and plans and compliance with State and Federal laws.
In answer to Commissioner Rosene's queries, Senior Planner Zdeba was unsure if the City maintains the
landscape area or if the City has a maintenance agreement with the adjacent property owner. Assistant City
Attorney Yolanda Summerhill advised that the MLA pertains to real property management rather than land use.
Staff has confirmed that insurance requirements contained in the MLA have been met.
In response to Chair Weigand's inquiries, Senior Planner Zdeba indicated discussion of a potential refund of the
appeal fee could occur outside the meeting. The Planning Commission may include a recommendation for a
refund in its decision. The new fire station is likely outside the coverage area of the proposed facility.
Chair Weigand explained that regardless of the appeal, the application would have returned to the Zoning
Administrator for a coastal development permit. Perhaps Commissioners will consider waiving the appeal fee.
In reply to Secretary Kleiman's question, Assistant City Attorney Summerhill explained that the Commission may
make the appropriate findings to uphold the Zoning Administrator's decision and should take public testimony.
Secretary Kleiman expressed concern about the Planning Commission's ability to consider the issues raised in
the appeal.
DocuSign Envelope ID: 7E43CA71-EFB9-4C73-B4C1-2601CF48D923
Planning Commission Minutes
July 9, 2020
5 of 11
All Commissioners disclosed no ex parte communications.
The Planning Commission recessed to allow staff to address technical issues with the audio and visual system.
After the technical issues were resolved, Chair Weigand opened the public hearing.
Cory Autrey, applicant's representative, shared statistics regarding use of cell phones and wireless services and
data usage. Network density must be upgraded to keep pace with surging demands for data. Small cells cover a
radius up to 250 to 1,000 feet; provide increased data density and faster connectivity speeds; and comply with
strict standards for radio frequency (RF) exposure.
Franklin Orozco, applicant's consultant, stated the small cell facility will increase network capacity to better handle
traffic generated by residents and visitors. The palm trees adjacent to the proposed site will soften the appearance
of the facility. The applicant found placing a facility in alternative sites is not feasible because utility poles at some
sites are subject to future undergrounding; shrouding (screening) a facility on a utility pole is difficult; and the limited
sidewalk space around streetlights at alternative sites will not comply with Americans with Disabilities Act (ADA)
requirements.
In reply to Vice Chair Lowrey's inquiry, Mr. Orozco indicated the small cell facility supports 4G LTE technology,
and 5G technology will require modification of the shroud.
Mark Pollock, appellant's representative, explained that the appeal is based on issues regarding liability, insurance
coverage, and indemnity such that the City could be held responsible in the event of a catastrophe. Municipal
Code Section 20.49.080 requires a telecom company to obtain an MLA and a minor use permit. The City's MLA
is with New Cingular Wireless PCS, LLC. The MLA does not mention AT&T. The certificate of insurance checklist
submitted for the project lists the insured as AT&T. AT&T is not an entity. The manager of New Cingular Wireless
is AT&T Mobility Corporation, which is not registered to do business in the state of California. AT&T Mobility
Corporation has no legal right to request a permit. If AT&T wishes to apply for a permit, it should enter into an
MLA under its corporate name. Twelve corporations and 18 LLCs using the name AT&T and one corporation and
eight LLCs using the name AT&T Mobility are registered with the State of California. AT&T should identify which
entity is applying for a permit and which entity has signed an MLA. Condition of Approval No. 34 requires the
applicant to indemnify the City. If the applicant is a nonexistent dba, the indemnity is worthless. New Cingular
Wireless should provide proof of general liability insurance that lists the City of Newport Beach as an additional
insured. The City cannot consider electromagnetic field (EMF) emissions in approving the application, but it can
consider EMF emissions when requiring insurance.
In response to Commissioner Koetting's questions, Mr. Pollock indicated the appellant wishes to remain
anonymous as allowed by the Municipal Code. He reported he has no pending appeals based on this issue in
any other cities. He has expressed this issue in a letter to the Public Works Director in the City of Napa in a
separate matter.
Mr. Autrey advised that AT&T has provided all necessary documentation that shows the relationship between
AT&T Mobility and New Cingular Wireless and AT&T Incorporated as the parent company. The signing authority
for the MLA outlined the relationship between New Cingular and AT&T. AT&T's insurance coverage does not
contain an exclusion for EMF exposures. New Cingular self-insures pollution liability exposures and has provided
a certificate of self-insurance.
Assistant City Attorney Summerhill related that New Cingular is an entity with AT&T and would be subject to the
MLA.
In answer to Secretary Kleiman's queries, Mr. Pollock stated the appellant resides in the City of Newport Beach
and in the neighborhood where the facility is proposed. He was not aware of any plans or intentions the appellant
may have to appeal any other decisions on this applicant's projects.
In response to Chair Weigand's inquiries, Senior Planner Zdeba reported Verizon’s small cell installations provide
a public benefit of coverage for the City's public safety departments, and that exempts Verizon from minor use
DocuSign Envelope ID: 7E43CA71-EFB9-4C73-B4C1-2601CF48D923
Planning Commission Minutes
July 9, 2020
6 of 11
permit and coastal development permit requirements. Assistant City Attorney Summerhill stated the City's
indemnifications are typically identical for all agreements. Community Development Director Seimone Jurjis
advised that he was involved in the negotiations with AT&T regarding the MLA. Because MLAs are more of a
template, he believed the City's MLAs with AT&T and Verizon are substantially the same with some nuanced
differences. The indemnification and liability provisions of the two MLAs are substantially the same. The City
Council did not focus on liability when discussing the MLAs. The Council is not considering amendments to the
MLAs unless one of the carriers proposes an amendment. The Planning Commission's decision may be appealed
to the City Council or the California Coastal Commission.
Jim Mosher noted a Planning Commission denial of a coastal development permit cannot be appealed to the
Coastal Commission. He inquired whether the applicant considered the rooftops of commercial buildings in the
Pavilion Shopping Center as alternative sites.
Mr. Autrey explained that the ideal location for small cell facilities is the public right-of-way because the consistent
height of streetlights and utility poles provides service to the most people. Private property options do not fulfill
technical requirements for small cell facilities.
In reply to Chair Weigand's question, Mr. Autrey indicated a macro cell is a larger facility that propagates service
over a larger area. Most dense residential areas do not have sites that can be zoned for macro cells. Small cell
technology will benefit residential areas by providing the needed capacity and net density.
Chair Weigand closed the public hearing.
Secretary Kleiman believed the appeal fee is nominal compared to the time and resources staff has devoted to
the appeal. The appellant's purpose for filing the appeal has been fulfilled in that the City is aware of the appellant's
concerns. The City Attorney's Office will ensure the City is fully protected.
Commissioner Klaustermeier remarked that large corporations operate under different entities. In answer to her
query, Assistant City Attorney Summerhill indicated the Real Property Department will ensure compliance with the
terms of the MLA.
Motion made by Secretary Kleiman and seconded by Commissioner Klaustermeier to (1) find this project
exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15302 and 15303 under Class
2 (Replacement or Reconstruction) and Class 3 (New Construction or Conversion of Small Structures),
respectively, of the State CEQA (California Environmental Quality Act) Guidelines, California Code of Regulations,
Title 14, Division 6, Chapter 3; and (2) adopt Resolution No. PC2020-018 approving Coastal Development
Permit No. CD2020-052 and affirming the decision of the Zoning Administrator approving Minor Use Permit
No. UP2019-030 with the proposed Findings and Conditions.
AYES: Weigand, Lowrey, Kleiman, Ellmore, Klaustermeier, Koetting, and Rosene
NOES:
ABSTAIN:
ABSENT:
ITEM NO. 5. SHELL SERVICE STATION CAR WASH ADDITION (PA2016-093)
Site Location: 1600 Jamboree Road
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. This item was continued from the
November 8, 2018, Planning Commission hearing. If approved, this Conditional Use Permit would
supersede Use Permit No. UP2011-028.
Recommended Action:
1. Conduct a public hearing;
DocuSign Envelope ID: 7E43CA71-EFB9-4C73-B4C1-2601CF48D923
Planning Commission Minutes
July 9, 2020
7 of 11
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.
Assistant Planner Melinda Whelan reported the site is located at the corner of Jamboree Road and San Joaquin
Hills Road and within the Big Canyon Planned Community. The site was designed for a service station and has
been operated at the site since 1970. In 2014, the use permit was amended to allow expansion of the convenience
store and to add an Alcoholic Beverage Control (ABC) license. The applicant proposes an addition for a car wash.
A General Plan amendment is needed to increase the maximum allowed floor area for the site to accommodate
the structure. The applicant seeks relief from the 30-foot front yard setback requirement. The area adjacent to
the right-turn lane acts more as a rear yard than a front yard, and the right-turn lane does not provide access to
the site. Guidelines within the Municipal Code recommend car wash services be located toward the rear of sites
to accommodate proper queuing and circulation. In September 2018, the Planning Commission considered this
application and continued the item so that the applicant could conduct additional public outreach and improve the
design to mitigate potential noise impacts to nearby residential neighborhoods.
Assistant Planner Whelan further reported the applicant has reduced the proposed hours of operation and added
two wing walls for sound attenuation. The applicant proposes 13 onsite parking spaces; required parking for the
site is seven spaces. The triangular shape of the site prevents relocation of the car wash without affecting the
existing onsite circulation and access to gas pumps. The wing walls will act as noise barriers to the adjacent
residences and the plan provides landscape areas facing the right-turn lane. The residences nearest the site are
located 115 feet and 120 feet away from the proposed car wash. An updated noise study found the projected
noise levels generated by a car wash without wing walls would be below the maximum allowed daytime limit at
the most sensitive locations. The addition of wing walls would further reduce projected noise levels. Proposed
conditions of approval will require the project to meet the design requirements of the noise study, including the
exterior vacuum location and reduced hours of operation.
All Commissioners disclosed ex parte communications with the applicant's consultant; Chair Weigand disclosed
communications with nearby residents; and Commissioner Koetting disclosed communications with a nearby
resident.
In response to Commissioner Koetting's inquiries, Assistant Planner Whelan advised that staff considered
relocating the car wash closer to the convenience store, but it would negatively affect circulation and access to
gas pumps. The wing walls will be constructed in compliance with sound attenuation requirements. They will be
masonry walls. Staff considered the triangular shape of the lot, the site being surrounded by streets, guidelines
recommending the location of car wash services at the rear of parcels, the intent to apply the 30-foot setback to
street frontages that provide access to the site, and lack of access to the site from the turn lane as factors in support
of granting a reduction in the setback. The existing trees should be maintained on the site, and the applicant
proposes additional landscaping along the perimeter of the site.
In reply to Commissioner Ellmore's queries, Assistant Planner Whelan indicated the City Traffic Engineer's
standard requirement for car wash queues is five vehicles. City Traffic Engineer Tony Brine explained that a sixth
car would extend beyond the queuing lane and block the end parking stall. A total of eight vehicles could queue
for the car wash without impacting traffic on Jamboree Road. Signage directing queuing has not been proposed.
Chair Weigand opened the public hearing.
Steve Rosansky, applicant's representative, shared photos of the site. The plans now include 10-foot wall
extensions to mitigate noise, additional plantings behind the car wash, and relocation of the trash enclosure. The
entrance and exit doors for the car wash will be made of plexiglass and canvas. The car wash queue will
accommodate five vehicles. Seven parking spaces will be located along the right-turn lane, and six spaces will be
located in front of the convenience store. Vacuums and air and water service have been relocated to the area in
front of the convenience store to reduce noise for residents. The applicant originally proposed hours of operation
of 6:00 a.m. to 11:00 p.m. and has modified the hours to 7:00 a.m. to 10:00 p.m. He shared a video of a similar
car wash in operation with closing doors to demonstrate noise generated by the car wash. The maximum allowed
DocuSign Envelope ID: 7E43CA71-EFB9-4C73-B4C1-2601CF48D923
Planning Commission Minutes
July 9, 2020
8 of 11
daytime noise level is 55 Decibels (dBA), and noise levels projected for all receptor sites were less than 40 dBA.
Projected noise levels for the vacuums were approximately 30 dBA. The applicant offered the homeowners'
association funding for additional landscaping along the berm, but the homeowners' association declined the offer.
He described the design differences between the car washes at the Chevron service station and the Shell station
and his outreach efforts with the homeowners' association, Park Newport, and residents. The existing trees and
planter at the rear of the property will remain. The trees will be protected during construction. Relocating the car
wash closer to the convenience store will result in relocation of the delivery entrance to the convenience store,
obstructions to gas pump access, and changes in circulation. Signage directing vehicles to queuing areas for the
car wash can be installed. The applicant agrees to the proposed conditions of approval.
In answer to Commissioner Koetting's inquiries, Mr. Rosansky indicated relocation of the hydrogen station has not
been considered but would be a huge expense. A car wash takes approximately 5 minutes to complete. The
similar car wash shown in the video is located in Irvine. A condition of approval can be added to require functioning
doors on the car wash. Ahmad Ghaderi, project engineer, reported the car wash will be constructed of blocks with
a sheet-metal cover. The wing walls will be constructed of blocks. The length and height of the walls meet the
acoustical requirements of the noise analysis.
Marilyn Brewer, Canyon Mesa, advised that the gas station and convenience store have created loud and
unanticipated noises. Noise travels differently from the site and impacts the neighborhood to a greater degree.
The car wash cannot be relocated because the site is fully utilized.
Michael Klaus, Big Canyon HOA, opposed the applicant's request for a variance from the setback. Building a car
wash between the service station and residences will cause sound levels to exceed 55 dBA. The project will
negatively impact residents' quality of life and real estate values.
Paul Geary, Canyon Mesa, expressed concerns about the lack of a demonstrated need for a car wash and the
financial impact of the project on residences. Two car washes are already located within a half mile of the site.
He urged the Planning Commission to deny the application.
Helga Meyer, 33 Rue Fontainebleau, opposed the project because the car wash will add to existing traffic noise,
traffic in the queue will generate pollution, the project will reduce real estate values and residents' ability to enjoy
their homes.
Chrissy Cruze, 3 Rue Fontainebleau, shared issues caused by the development of a nearby apartment complex
and increased noise generated by the expansion of the convenience store.
Gerald Giannini, Rue Fontainebleau, believed the proposed car wash does not adequately mitigate sound and
requested the Planning Commission deny the application. The car wash shown in the video does not operate as
depicted. His sound measurements at the car wash were considerably higher than projected in the noise study.
Leonard Simon, 37 Rue Fontainebleau, opposed the project. The metal sheathing would amplify noise. The
project will increase traffic, noise, and pollution. Canyon Mesa should be considered an environmentally sensitive
area such that the CEQA exemption is not allowed. The hydrogen facility is a safety issue.
Mark Coleman, 34 Rue Fontainebleau, discussed the lack of need for an additional car wash. The automated car
wash will not create jobs. The project will damage the value of properties in Canyon Mesa. Reducing the setback
indicates the property is already over-built.
Gerald Giannini read a letter from David Kuhn, 30 Rue Fontainebleau, who adamantly opposed the project
because a service station is incompatible and not harmonious with a residential development and approving
additional development on the site does not consider the cumulative effects of prior modifications to the site.
James Sanders, 4 Rue Fontainebleau, related his difficulty selling his home even after price reductions. Residents
do not want the extra noise and traffic that is generated by the service station.
DocuSign Envelope ID: 7E43CA71-EFB9-4C73-B4C1-2601CF48D923
Planning Commission Minutes
July 9, 2020
9 of 11
Lynn Swain, 7 Rue Marseille, strongly opposed the project and noted properties in Canyon Mesa have not sold
after years on the market and significant price reductions. Realtors have opined regarding the detrimental impacts
of noise and traffic on real property sales.
An unidentified speaker read a letter from Lynda Bentall, 38 Rue Fontainebleau, who opposed the project because
it will increase noise, light, and traffic.
An unidentified speaker read a letter from Chris Alevizos, 32 Rue Fontainebleau, who believed granting the
reduced setback would decrease the value of his real property and increase noise.
Skip Wilson, 9 Rue Fontainebleau, listed the properties for sale in the neighborhood, the number of days on the
market for each, and price reductions for each and attributed the lack of sales to the noise generated from the
Shell station.
Carl Swain, 7 Rue Marseille, emphasized previous comments regarding the need for a car wash; adverse effects
on property values; increased noise, glare, and light intrusion; differences between the car wash depicted in the
video and in reality; and detrimental and cumulative effects of noise on homeowners.
Mr. Rosansky advised that no noise complaints have been filed against the Shell station. The Newport Center car
wash has been proposed for redevelopment. Based on his internet research, a total of six car washes are located
in Newport Beach. The Shell station, built in 1970, has modified its business model to stay current with the times.
A service station's profit is derived from additional services, not the sale of gasoline. The applicant leases the
property for a substantial rent amount. Modification of a use permit is common. The Municipal Code does not
require a business owner to live in Newport Beach. The video of the car wash is intended to demonstrate use of
the doors and the noise level. Conditions of approval for the Chevron car wash do not require entry and exit doors.
The sound study shows that sound generated by the car wash will be insignificant compared to the existing ambient
noise.
Mr. Ghaderi reiterated that the construction will be block walls and ceiling with a sheet-metal cladding that matches
the convenience store.
Mike Holritz, acoustical engineer, reported noise is cumulative. Adding 40 dB to an existing 60 dB noise level
results in a noise level of 60.4 dB. CEQA's level of significance for noise is an increase of 3 dB. If noise levels
increase 3 dB, noise must be mitigated. Adding noise from the car wash to the existing ambient noise increased
noise levels by less than 1 dB.
Deputy Community Development Director Jim Campbell clarified that the City's CEQA significance criteria for noise
is exceeding the Noise Ordinance. Typically, a noise increase of less than 3 dBA is not perceptible to persons of
normal sensitivity. The information suggests the car wash will not exceed the Noise Ordinance and, therefore, the
noise attributable to the project would not have a significant effect.
Chair Weigand closed the public hearing.
Commissioner Rosene remarked that the doors on the Quail Hill car wash are not operational. The Quail Hill car
wash generates significantly less noise than the Chevron car wash. The street noise on Rue Fontainebleau today
is loud. The applicant is willing to close the car wash if the doors are not operational. Perhaps the applicant would
be willing to change the hours of operation. Locating the vacuums and air and water service in front of a dedicated
parking space seems odd, and they should be relocated elsewhere or removed from the site. He expressed
interest in possibly adding the wall along the setback line.
Chair Weigand reopened the public hearing.
In reply to Commissioner Ellmore's queries, Mr. Rosansky reported the applicant owns approximately 50 service
stations, nine of which have car washes. Fred Kim, business owner, advised that he has acquired the car washes
rather than constructing them. The car washes are busiest during the morning and evening commute times. The
number of cars using the car wash after sunset decreases drastically. At this location, business is slow on Saturday
and even slower on Sunday.
DocuSign Envelope ID: 7E43CA71-EFB9-4C73-B4C1-2601CF48D923
Planning Commission Minutes
July 9, 2020
10 of 11
Commissioner Koetting noted changes between the 2018 and 2020 projects are two 10-foot screening walls, hours
of operation, and funding for additional vegetation on the slope. In driving around the City, he found 12 car washes.
He questioned staff's rationale for proposing Condition of Approval No. 29 requiring the use of recycled water only
if is economically feasible. He agreed that the proposed location for vacuums and air and water service is odd.
He expressed his position that the car wash is inappropriate, in the wrong location, and unnecessary.
Chair Weigand indicated there should be a condition of approval requiring the applicant to maintain the car wash
doors. In response to his questions, Deputy Community Development Director Campbell reported the service
station regulations provide different setbacks for different features. A car wash must be set back 30 feet from a
public street. Staff administratively approved the installation of the hydrogen station at the site previously. Chair
Weigand remarked that the hydrogen station could generate more noise than the car wash.
Mr. Holritz clarified that each wall is 16 feet high and 10 feet long. The length of the walls can be extended, which
will provide some additional noise reduction. The scenario considering noise bouncing off the walls back to the
residences was not analyzed because noise levels were already below the City's noise standards. Noise will
bounce off a flat wall, but that type of reflection will not significantly increase the noise level. To minimize the echo,
the wall will be constructed with split-based block and covered with landscaping.
Chair Weigand closed the public hearing.
Commissioner Klaustermeier commented that the concern is noise, and no evidence in the acoustical report
indicates the car wash will add significant noise or increase the ambient noise level. The ambient noise is caused
by vehicular and aircraft traffic. The applicant has addressed some concerns and has agreed to some mitigation
design features.
Commissioner Koetting stated the request for a 15-foot reduction in the 30-foot setback leads him to believe the
site is not appropriate for the use. Too many facilities are being crammed onto the site. He could not make the
findings to approve the project.
Motion made by Commissioner Koetting to deny the application. The motion failed for lack of a second.
At Commissioner Klaustermeier's request, Deputy Community Development Director Campbell explained that
the service station regulations require a 30-foot setback to public streets for car washes. The applicant
requests a 15-foot reduction of the setback. The Planning Commission may reduce the setback with the
findings contained in the resolution and it is not a Variance application.
Commissioner Ellmore could support approval of the application with amendments to reduce the hours of
operation to 7:00 a.m. to 8:00 p.m. and to require signage regarding queuing and closure of the car wash doors
while a car is being washed.
Commissioner Rosene proposed removal of the vacuums.
Chair Weigand reopened the public hearing.
Mr. Rosansky, on behalf of the applicant, agreed to conditions of approval regarding signage and functioning
doors for carwash operations. After discussion with the applicant, the applicant agreed to remove the vacuums
and requested hours of operation of 7:00 a.m. to 8:30 p.m.
Chair Weigand closed the public hearing.
Motion made by Chair Weigand and seconded by Commissioner Ellmore to approve the staff recommendation
with amendments to require signage for queuing, to require functioning doors for and during operation of the
car wash, to remove the vacuums entirely, and to limit the hours of operation of the carwash to 7:00 a.m. to
8:30 p.m.
DocuSign Envelope ID: 7E43CA71-EFB9-4C73-B4C1-2601CF48D923
Planning Commission Minutes
July 9, 2020
11 of 11
Commissioner Koetting reiterated residents' concerns about noise, environmental issues, property values, no job
creation, and no tax revenues and his concern about the reduction of the setback.
The motion passed by the following vote:
AYES: Weigand, Lowrey, Kleiman, Ellmore, Klaustermeier, and Rosene
NOES: Koetting
ABSTAIN:
ABSENT:
IX. STAFF AND COMMISSIONER ITEMS
ITEM NO. 6 MOTION FOR RECONSIDERATION
None
ITEM NO. 7 REPORT BY THE COMMUNITY DEVELOPMENT DIRECTOR OR REQUEST FOR MATTERS
WHICH A PLANNING COMMISSION MEMBER WOULD LIKE PLACED ON A FUTURE
AGENDA.
Deputy Community Development Director Campbell reported the second meeting of the Housing Element Update
Advisory Committee (HEUAC) is scheduled for July 15, 2020, at 6:00 p.m. in the Council Chambers. The Planning
Commission's agenda for the July 23, 2020, meeting contains three items.
ITEM NO. 8 REQUESTS FOR EXCUSED ABSENCES
None
X. ADJOURNMENT – 10:45 p.m.
The agenda for the July 9, 2020, Planning Commission meeting was posted on Thursday, July 02, 2020,
at 12:15 p.m. in the Chambers binder, on the digital display board located inside the vestibule of the
Council Chambers at 100 Civic Center Drive, and on the City’s website on Thursday, July 02, 2020, at
11:30 a.m.
_______________________________
Erik Weigand, Chairman
_______________________________
Lauren Kleiman, Secretary
DocuSign Envelope ID: 7E43CA71-EFB9-4C73-B4C1-2601CF48D923