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HomeMy WebLinkAbout4.0_Shell Car Wash_PA2016-093CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT September , 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. PC2018-028 recommending City Council approval of General Plan Amendment No. GP2018-001 and Conditional Use Permit Amendment No. UP2016-025 (Attachment No. PC 1). 1 INTENTIONALLY BLANK PAGE2 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 3 INTENTIONALLY BLANK PAGE4 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. 5 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. 6 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. 7 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. 8 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- 9 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 10 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. 11 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 12 (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 13 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: 14 ATTACHMENTS PC 1 Draft Resolution with Findings and Conditions PC 2 Use Permit No. UP2011-028 PC 3 20.48.210 –Table 1 Service Station Design and Development Standards & Table 2 Landscaping Standards PC 4 City of Newport Beach Design Guidelines: Automobile Service Stations and Washing (Guidelines) PC 5 Noise Study PC 6 Project plans 15 INTENTIONALLY BLANK PAGE16 Attachment No. PC 1 Draft Resolution with Findings and Conditions 17 INTENTIONALLY BLANK PAGE18 RESOLUTION NO. PC2018-028 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 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 Fred Kim, 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 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 subject 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 2011, 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 proposes to amend the existing conditional use permit (UP2011-028) to permit the operation of an automated car wash and modify the car wash setback standard. A General Plan Amendment is also requested 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. 4. The subject property is located within Area 15 (Commercial) of the Big Canyon Planned Community (PC-8) Zoning District and the General Plan Land Use Element category is General Commercial (CG). 5. The subject 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 Newport Beach Municipal Code (“NBMC”). Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting. 19 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 15303 (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. 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 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 the City nor State Planning Law set forth any required findings for either approval or denial of such amendments. 2. The Land Use Element of the General Plan designates the site General Commercial (CG), which is intended to provide for a wide variety of commercial activities primarily oriented to serve citywide or regional needs. The proposed car wash addition is consistent with this designation. 3. General Plan Policy Plan 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. The policy 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 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 proposed amendment for increased intensity is consistent with General Plan Policy LU 3.2 as follows: a. 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. b. 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. The 20 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 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. d. 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. 4. Pursuant to Charter Section 423 and Council Policy A-18, proposed General Plan amendments are reviewed to determine if a vote of the electorate would be required because a project (separately or cumulatively with other projects in the same Statistical Area over the prior 10 years) exceeds certain thresholds provided in Section 423 of the City Charter. The proposed General Plan Amendment 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 is GP2007-008. The following table shows the increases attributable to the subject amendment, prior amendments, and the totals; and no vote would be required. Measure S Analysis for Statistical Area L-2 Amendments Increased Density Increased Intensity Peak Hour Trip Increase AM PM GP2007-008 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 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 NBMC Section 20.52.020(F), the following findings and facts in support of the findings for a use permit are set forth: 21 Finding: A. The use is consistent with the General Plan and any applicable specific plan; Facts in Support of Finding: 1. The subject property has a land use designation of General Commercial (“CG”) 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 subject 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 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. 2. With exception of the car wash setback standard, the addition of the car wash is consistent with applicable design and development standards of NBMC Section 20.48.210 (Service Stations). The car wash location meets the required setbacks on Jamboree Road (thirty (30) feet minimum) and San Joaquin Hills Road (thirty (30) feet minimum). The required setback of 30-feet to the rear free-right-turn- lane is proposed to be modified to fifteen (15) feet pursuant to NBMC Section 20.48.210(T)(2). See below Findings F, G, and H below. 3. The existing 49,984-square-foot site area of the property well 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 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 wall of the car wash to provide a green screen to the adjacent street and residences above the service station site. 22 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 complimentary 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 wall facing the rear one-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. 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 subject site is located at the northeast corner of the intersection of Jamboree Road and San Joaquin Hills Road.The site 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 site 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 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 site (1.15 acres) complies with the standards of the Zoning Code related to minimum land area for service stations. Vehicular access to the site is provided via four existing driveways: two adjacent to Jamboree Road and two 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 6:00 a.m. to 11:00p.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 23 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 facing the closest residents and the rear free-right-turn-lane. This wall is 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 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 analysis prepared by Landrum and Brown, November 29, 2016, concluded that with the car wash, as designed, with two automated doors, meets the City’s Community Noise Control limits (Municipal Code Chapter 10.26). 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. 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 major roads. The area of the site (1.15 acres) meets the minimum size requirements for service stations required by the Zoning Code, and is large enough to provide adequate access, circulation and on-site parking to permit the car wash addition. 2. The subject site 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 proposed project development. 3. The improvements to the project site will comply with all Building, Public Works, and Fire Codes. 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. 24 Facts in Support of Finding: 1. The existing service station has been in operation since 1970 pursuant to Use Permit No. 1495, 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 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 noise analysis prepared by Landrum and Brown, November 29, 2016, the car wash as designed with two automated doors meets the Community Noise Control limits. There are conditions included in the 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. 3. Conditions of approval are included in the draft resolution, which will ensure that potential conflicts with the surrounding land uses are minimized. 6. In accordance with NBMC Section 20.48.210(T)(2), the following findings and facts in support of the modification of the service station setback standard of thirty (30) feet from public right-of-ways 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 - Service Stations]; 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 sides along a public right-of-way. As such, this large setback applies on all three sides, where typically this would only apply on one frontage, or two 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 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. 25 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 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 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. 3. A noise analysis has been prepared and concluded that the car wash as designed with two automated doors meets the Community Noise Control limits found in NBMC Chapter 10.26. 4. A vine will be planted and trained along the car wash wall facing the rear one- 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 26 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-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 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 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 five (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. 6. The existing landscaped area at the corner of the site 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 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. 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 wall facing the rear free-right-turn- lane. Additional landscaping including hedges will also be planted along the one- way street providing additional screening of the new structure. 27 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 approval of General Plan Amendment No. GP2018-001 attached herein as Exhibit A and 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. This action shall become final and effective fourteen (14) days following the date this Resolution was adopted unless within such time an appeal is filed with the City Clerk in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. 3. This resolution supersedes Planning Commission Resolution No.1929, which upon vesting of the rights authorized by this Use Permit shall become null and void. PASSED, APPROVED, AND ADOPTED THIS 13th DAY OF SEPTEMBER, 2018. AYES: NOES: ABSTAIN: ABSENT: BY:_________________________ Peter Zak, Chairman BY:_________________________ Bill Dunlap, Secretary 28 EXHIBIT “B” CONDITIONS OF APPROVAL 1. This resolution supersedes Planning Commission 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 and car wash, shall remain 6:00 a.m. to 11:00 p.m., daily. 5. Pursuant to the Noise Mitigation Analysis for the Proposed Jamboree Shell Car Wash City of Newport Beach, California prepared by Landrum and Brown on November 29, 2016, the car wash design must meet all of the design measures for the specifications of a RYKO Soft Gloss MAXX on page 8 of the analysis including the location of the equipment and automated doors. 6. The car wash shall meet the City’s Community Noise Control limits at all times. 7. The wall of the car wash structure 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. 8. One vacuuming station is permitted at the location on the approved plans as analyzed in the Memorandum from Landrum and Brown dated August 9, 2018. The approved location is south of the convenience store, facing the intersection of Jamboree and San Joaquin Hills Road adjacent the parking area. Any change to this location shall require approval by the Planning Division and an addendum to the Memorandum and additional noise analysis to confirm compliance with the Community Noise Control. 9. The EVR shall remain screened and painted to blend in with the landscaping and existing structures on-site. 10.This Use Permit and Variance 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 29 materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 11.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. 12.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. 13.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. 14.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. 15.Use Permit No. UP2016-025 shall expire unless exercised within twenty four (24) months from the date of approval as specified in NBMC Section 20.54.60, unless an extension is otherwise granted. 16.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. 17.If queuing for the car wash exceeds more than five vehicles, all other vehicles shall be diverted to not impact internal circulation. 18.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 20 feet above the existing grade. 19.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 site distance. 20.Prior to permit issuance, the plant palette of the new landscaping shall be reviewed and approved by the Municipal Operations Division and the Planning Division. 21.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. 30 22.All landscape materials, landscaped areas, and irrigation systems shall be installed and maintained in accordance with the approved landscape plan and Zoning Code Section 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. 23.All landscaping shall be planted pursuant to the approved landscape plan. Any changes shall be reviewed and approved by the Planning Division. 24.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. 25.Reclaimed water shall be used whenever available, assuming it is economically feasible. 26.New landscaping shall incorporate drought-tolerant plant materials and drip irrigation systems where possible. 27.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. ALCOHOL SALES 28.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. 29.All exits shall remain free of obstructions and available for ingress and egress at all times. 30.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 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. 31.No alcoholic beverages shall be sold between the hours of 11:00 p.m. and 6:00 a.m. 32.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 31 beverages. Interior displays of alcoholic beverages or signs that are clearly visible to the exterior shall constitute a violation of this condition. 33.The displays, shelving, etc. shall be positioned in such a way that the clerk can be seen from outside of the building. 34.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 The sign shall be at least two feet square with two inch block lettering. The sign shall be printed in English and Spanish. 35.No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the license. 36.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. 37.Wine shall not be sold in bottles or containers smaller than seven hundred fifty (750) milliliters. 38.No person under the age of twenty-one (21) shall sell alcoholic beverages. Alcohol beverages shall not be delivered from premises. 39.The owner shall be responsible for maintaining the area adjacent to the premises over which they have control free of litter at all times. VEHICLE USES 40.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.). BUILDING 41.Plans must illustrate compliance with Section 11B 202.4 California Building Code and Chapter 11B for new construction. 42.Plans must indicate sand and oil interception construction requirements. 43.Full access compliance is required throughout the project building. See CBC Chapter 11 for specific requirements. 32 CONTRUCTION 44.A list of “good house-keeping” 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 45.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. 46.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 Jamboree Shell Service Station Car Wash project including, but not limited to, General Plan Amendment No. GP2018-001and 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. 33 INTENTIONALLY BLANK PAGE34 Attachment No. PC 2 Use Permit No. UP2011-028 35 INTENTIONALLY BLANK PAGE36 37 38 39 40 41 42 43 44 45 46 Attachment No. PC 3 20.48.210 –Table 1 Service Station Design and Development Standards & Table 2 Landscaping Standards 47 INTENTIONALLY BLANK PAGE48 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. 49 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. 50 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. 51 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. 52 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. 53 INTENTIONALLY BLANK PAGE54 Attachment No. PC 4 City of Newport Beach Design Guidelines: Automobile Service Stations and Washing (Guidelines) 55 INTENTIONALLY BLANK PAGE56 City of Newport BeachDesign Guidelines 57 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 58 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. 59 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 streets60 sensitive uses. 61 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. 62 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. 63 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. 64 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.65 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. 66 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 67 principal building and the service islands. 68 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. 69 INTENTIONALLY BLANK PAGE70 Attachment No. PC 5 Noise Study 71 INTENTIONALLY BLANK PAGE72 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 73 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. 74 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 75 N JamboreeRoadSa n J o a q u i n H i l l s R o a d Exhibit 2 Site Plan76 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 77 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. 78 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. 79 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. 80 NExhibit 4 Ambient Measurement Locations 22 11 81 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. 82 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. 83 EElllCCCa aammmiiinn noooRRReeeaaalll N Exhibit 5 Existing Car Wash Measurement Locations GGaaasssPPPuuummmpppsssCCaaarrrWWWaaassshhh EExxxiiissstttiiinnngggAAArrrcccooo GGaaasssSSStttaaatttiiiooonnn SSaaannnDDDiiieeegggooo EExxxiiittt EEnnnttt CCaaarrrmmmeeelllVVVaaalllllleeeyyyRRRoooaaaddd 22 11 33 84 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. 85 NExhibit 6 Modeled Receptor Locations AA BB CC DD 86 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. 87 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. 88 Attachment No. PC 6 Project plans 89 INTENTIONALLY BLANK PAGE90 91PA2016-093Attachment No. PC 6 - Project Plans RAD.N 51°49'07" WRAD.N 54°18'44" WS 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" E RAD.N 53°57'12" WN 53°57'12" W L=262.60'N 08°08'26" W L=460.37'TAN=132.63'L=265.22'R=6094.00'=02°29'37"R=65.00'L=99.49'TAN= 6 2. 4 4'NOPARKINGCCTVCCTV CCTVCCTV CCTVCCTVCCTV60'-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. APPROACH6'6'-8"5'8'4'(E) CATCH BASIN(E) EDISON PULLBOX30' SETBACK30' SETBACK30' SETBACK92PA2016-093Attachment No. PC 6 - Project Plans 30'-0"SETBACKCCTVCCTV CCTVCCTV CCTVCCTVCCTVRAD.N 51°49'07" WRAD.N 54°18'44" WS 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" E RAD.N 53°57'12" WN 53°57'12" W L=262.60'N 08°08'26" W L=460.37'TAN=132.63'L=265.22'R=6094.00'=02°29'37"R=65.00'L=99.49'TAN= 6 2. 4 4'26'-0"50'-0"22'-0"207'-10"202'-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 BASIN6'6'-8"5'8'4'6"3'-1"4'-0"29'-8"26'-11"26'-0"97'10'-0"12'-0"NOPARKING 27'-4"6'-0"7'-8"26'-4"REV. PER PLANNING DIV.05/04/201701SH15'-0"9'-0"1134 SF50.7 SF228 SF118 SF520.5 SF641.7 SF93PA2016-093Attachment No. PC 6 - Project Plans SALES AREARESTROOM94PA2016-093Attachment No. PC 6 - Project Plans EnterExitCar Wash95PA2016-093Attachment No. PC 6 - Project Plans 96PA2016-093Attachment No. PC 6 - Project Plans 97PA2016-093Attachment No. PC 6 - Project Plans 1"12.571"21.751"41.521"33.61"55.501"61.471"74.321"82.81"91.141"101.591"113.91"121.07CFSSan Jauquin HillsJamboree Road SYMBOL MANUFACTURER/MODEL/DESCRIPTIONQTY Rain Bird XCZLF-100-PRF 12Low Flow, 0.2-10gpm, with 1" Low Flow Valve valve and 1" PressureRegulating RBY filter and 40psi pressure regulator. Pipe Transition Point above grade 13Pipe transition point from PVC lateral to drip tubing with riser to abovegrade installation. Hunter HE-B Emitter Tree Ring Dripline 33Number correlates with Valve Number. Use (3) 60 HE-B emmittersper 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 ShieldTechnology. 0.4 GPH emitters at 18" O.C. Laterals spaced at 18" apart,with emitters offset for triangular pattern. UV Resistant. Specify XFinsert fittings. Area to Receive Dripline Rain Bird XFS-06-24 293.1 l.f.XFS Sub-Surface Pressure Compensating Dripline w/Copper ShieldTechnology. 0.6 GPH emitters at 24" O.C. Laterals spaced at 24" apart,with emitters offset for triangular pattern. UV Resistant. Specify XFinsert fittings.Existing IrrigationAdjust and repair per new planting. SYMBOL MANUFACTURER/MODEL/DESCRIPTIONQTY Quick Coupler Rain Bird 5-LRC 11" Brass Quick-Coupling Valve, with Corrosion-Resistant Stainless SteelSpring, Locking Thermoplastic Rubber Cover, and 1-Piece Body.Provide every 50` where needed.Existing controller 1Verfiy location in field. Reconfigure per new planting and hydrozones. Existing Flow Sensor 1Verify location in field. Conifirm functionality and replace if necessary. Point of Connection 1" 1Verify location of mainline in field. Connect to mainline after B.F.P. andflow 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 16:17CFSValve NumberValve SizeValve FlowValve Callout#IRRIGATION SCHEDULENOTES: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(DVW&RWD6WUHHW6DQWD%DUEDUD&$WHOID[DUFDGLDVWXGLRFRP1R(;3016 328 98PA2016-093Attachment No. PC 6 - Project Plans (DVW&RWD6WUHHW6DQWD%DUEDUD&$WHOID[DUFDGLDVWXGLRFRP1R(;399PA2016-093Attachment No. PC 6 - Project Plans (DVW&RWD6WUHHW6DQWD%DUEDUD&$WHOID[DUFDGLDVWXGLRFRP1R(;3100PA2016-093Attachment No. PC 6 - Project Plans E-ERE-ERE-ERRI-EPRI-EPRI-EPRI-EPRI-EPRI-EPRI-EPRI-EPRI-EPRI-EPRI-EPRI-EPRI-EPRI-EPRI-EPRI-EPRI-EPRI-EPRI-EPRI-EPRI-EPRI-EPRI-EPRI-EPRI-EPRI-EPRI-EPRI-EPRI-EPRI-EPRI-EPRI-EPRI-EPRI-EPRI-EPRI-EPRI-EPRI-EPRI-EPRI-EPRI-EPRI-EPRI-EPRI-EPLT-EPLT-EPLT-EPLT-EPLT-EPLT-EPLT-EPLT-EPLT-EPLT-EPLT-EPLT-EPLT-EPLT-EPLT-EPLT-EPLT-EPLT-EPLT-EPLT-EPLT-EPLT-EPLT-EPLT-EPLT-EPLT-EPLT-EPLT-EPLT-EPLT-EPLT-EPLT-EPLT-EPLT-EPLT-EPLT-EPLT-EPLT-EPLT-EPLT-EPLT-EPLT-EPLT-EPLT-EPLT-EPLT-EPLT-EPLT-EPLT-EPLT-EPLT-EPLT-EPLT-EPLT-EPLT-EPLT-EPLT-EPLT-EPLT-EPRI-EPRI-EPRI-EPRI-EPRI-EPRI-EPRI-EPRI-EPRI-EPRI-EPRI-EPRI-EPRI-EPRI-EPRI-EPRI-EPRI-EPRI-EPRI-EPRI-EPPM-EPPM-EPPM-EPPM-EPPM-EPPM-EPPM-EPPM-EPPM-EPPM-EPPM-EPPM-EPBBBBBBBBBBBBBBBBBBBBBBLTLTLTLTLTLTLTLTLTLTLTLTLTLTLTLTLTLTLTLTLTLTLTLTLTLTLTLTLTLTLTLTLTLTLTLTLTLTLTLTLTLTLTLTLTLTLTLTLTLTLTLTLTLTLTLTLTLTLTLTLTLTRI-EPRI-EPRI-EPRI-EPRI-EPRI-EPRI-EPRI-EPRI-EPRI-EPRI-EPRI-EPRI-EPANANANANANANANANANANANANANANANANMCMCMCMCMCMCMCMCMCMCMCMCMCMCMCMCMCMCMCMCMCMCMCMCMCMCMCMCMCMCMCMCMCMCMCMCMCMCMCMCMCMCMCMCMCMCMCANANANANANANANANANANANANMCMCMCMCMCMCMCMCMCMCMCMCMCMCAAAAAAAAAAAAAAAAAAANANANANANANANMCMCMCMCMCMCMCMCMCMCMCMCMCMCMCMCMCMCMCMCMCMCMCMCMCMCMCPP-EPPP-EPPP-EPMCMCMCMCMCMCMCMCMCMCMCMCMCMCMCMCMCMCMCMCMCLT-EPLT-EPMCMCMCMCMCMCMCMCMCMCMCMCMCMCMCMCMCMCMCMCMCMCMCMCMCMCMCMCMCMCMCMCMCMCMCMCMCMCMCMCMCMCMCANHRHRHRHRHRHRHYHYHYHYHYHYHYHYHRHYHYHYHRHRHRHRHRHRHRHRHRHRHRHYHYHYLTHRHRHRHRHRHRHRHRHRHRHRHYHYHYHYHYHYHYHYHYHYHYHYHYHYHYHYHRHRHRHRHRHRHRHRHRHRHRHRHRHRHRHRHRHRHYHYHYHYHYHYHYHYHRHRHRHRMCMCMCMCMCMCMCMCMCMCMCMCMCMCBB2BB2BB2BB2BB2BB2BB2BB2BB2PGPGPGPGPGPGPGPGPGBB2BB2BB2BB2BB2BB2BB2BB2BB2BB2BB2BB2MCSan Jauquin HillsJamboree RoadBB2TREESBOTANICAL NAMECOMMON NAMESIZEQTYREMARKSE-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 22PR Phoenix roebelenii Pygmy Date Palm 24"box 3PG Podocarpus gracilior Fern Pine 24"box 9SHRUBSBOTANICAL NAMECOMMON NAMESIZEQTYREMARKSBB (E) Buxus microphylla Littleleaf Boxwood Existing 11LT-EP (E) Ligustrum texanum Texas Privet Existing 61 Existing to remainRI-EP (E) Rhaphiolepis indica Indian Hawthorn Existing 77 Existing to remainAA Agave americana Century Plant 15 gal 9AN Agave attenuata `Nova` Blue Clone 5 gal 36HR Hemerocallis x `Red` Red Daylily 5 gal 51HY Hemerocallis x `Yellow` Daylily 5 gal 38LT Ligustrum japonicum `Texanum` Wax Leaf Privet 5 gal 63MC Muhlenbergia capillaris Pink Muhly 5 gal 167P Parthenocissus quinquefolia `Hacienda Creeper` Hacienda Creeper 5 gal 6 Train onto carwash wallfor 'green screen'GROUND COVERSBOTANICAL NAMECOMMON NAMESIZESPACINGQTYREMARKS-- Existing Turf Existing 4,654 sf To remainGazania rigens Gazania 1 gal 24" o.c. 1,036 sfMyoporum parvifolium Trailing Myoporum 1 gal 48" o.c. 970 sfTrachelospermum jasminoides Chinese Star Jasmine 1 gal 48" o.c. 605 sf2018-07-30 09:56PLANT SCHEDULENN(DVW&RWD6WUHHW6DQWD%DUEDUD&$WHOID[DUFDGLDVWXGLRFRP1R(;3016 328101PA2016-093Attachment No. PC 6 - Project Plans (DVW&RWD6WUHHW6DQWD%DUEDUD&$WHOID[DUFDGLDVWXGLRFRP1R(;3102PA2016-093Attachment No. PC 6 - Project Plans (DVW&RWD6WUHHW6DQWD%DUEDUD&$WHOID[DUFDGLDVWXGLRFRP1R(;3103PA2016-093Attachment No. PC 6 - Project Plans 104PA2016-093Attachment No. PC 6 - Project Plans 105PA2016-093Attachment No. PC 6 - Project Plans 106PA2016-093Attachment No. PC 6 - Project Plans 107PA2016-093Attachment No. PC 6 - Project Plans From:Whelan, Melinda To:Ramirez, Brittany Subject:Additional materials: Shell Station Car Wash Application, 1600 Jamboree Road Date:Tuesday, September 11, 2018 3:55:12 PM Please include the following email in the record per the resident’s request. From: Carl Swain [mailto:carl@carlswain.net] Sent: Thursday, September 06, 2018 11:35 AM To: Whelan, Melinda <MWhelan@newportbeachca.gov> Subject: Re: Shell Station Car Wash Application, 1600 Jamboree Road Melinda, My concerns, which are shared by all of the homeowners in Canyon Mesa Homeowners Association, are the additional traffic, lighting and noise that the car wash will add to our neighborhood. Several homeowners live just across the Jamboree curve from the station and have previously complained to the station and the city about the lighting annoyance and noise at night. At least 10 homeowners in our association will be severely impacted by the car wash noise, and another 50 homeowners will be affected in various degrees. As you are aware self- serve carwash facilities generate a great deal of noise and the proposed position of this facility puts it extremely close to the homes on Rue Fontainebleau. In addition to the unwanted noise and traffic, none of our 78 homeowners understand the need for another car wash given that one exists across the street at the Chevron. Carl Swain Planning Commission - September 13, 2018 Item No. 4a Additional Materials Received Shell Car Wash (PA2016-093) From:Whelan, Melinda To:Ramirez, Brittany Subject:FW: proposed car wash Date:Wednesday, September 12, 2018 10:01:46 AM From: TFUENTES33 <tfuentes33@gmail.com>  Sent: Wednesday, September 12, 2018 9:07 AM To: Whelan, Melinda <MWhelan@newportbeachca.gov> Subject: Fwd: proposed car wash T.j. Fuentes Cell: (949) 378-6199 This e-mail was sent from my iPhone. Please excuse any typos. The information contained in this message and any attachment may be proprietary, confidential, and privileged or subject to the work product doctrine and thus protected from disclosure. If the reader of this message is not the intended recipient, or an employee or agent responsible for delivering this message to the intended recipient, you are hereby notified that any dissemination,distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify me immediately by replying to this message and deleting it and all copies and backups thereof. Thank you. Begin forwarded message: From: "Weigand, Erik" <eweigand@newportbeachca.gov> Date: September 11, 2018 at 11:02:41 PM PDT To: "tfuentes33@gmail.com" <tfuentes33@gmail.com> Subject: Fwd: proposed car wash Sent from my iPhone Begin forwarded message: From: Dianne Kawamura <wealtor@me.com> Date: September 11, 2018 at 10:19:33 PM PDT To: <eweigand@newportbeachca.gov> Subject: Fwd: proposed car wash Planning Commission - September 13, 2018 Item No. 4b Additional Materials Received Shell Car Wash (PA2016-093) This letter is from A.G. & Dianne Kawamura, residents of Big Canyon. We are strongly opposed to the idea of a car wash being put into the Shell station. We live on Rue Fontainbleau and it would be a huge problem for us as well as our entire neighborhood. We already have lights and signs from the Shell station that we can see from our home. The addition of a car wash would bring a lot more noise, coming from the sounds of the water, the blowers, as well as the increased amount of cars coming and going. We need to preserve at least some of the tranquility our neighborhood has offered. We are absolutely certain it will negatively affect the value of our homes and we are very upset about this. Please do not allow this proposed car wash to come to fruition. Sincerely, A.G. & Dianne Kawamura 32 Rue Fontainbleau Newport Beach, CA 714-747-1646 Planning Commission - September 13, 2018 Item No. 4b Additional Materials Received Shell Car Wash (PA2016-093) From:Whelan, Melinda To:Ramirez, Brittany Subject:FW: PROJECT FILE # PA2016-093 Date:Thursday, September 13, 2018 8:59:27 AM From: bbentall@cedarfoundation.com <bbentall@cedarfoundation.com>  Sent: Wednesday, September 12, 2018 4:35 PM To: Whelan, Melinda <MWhelan@newportbeachca.gov> Subject: PROJECT FILE # PA2016-093 Dear Ms. Whelan: I am writing in relation to PROJECT FILE NO.: PA2016-093 ACTIVITY NO.; GP2018-001 and UP2016-025 APPLICANT: R& M Pacific Rim Inc. I am a homeowner in Big Canyon....as you well know this is an expensive and beautiful residential area. Learning that the Shell Station is applying to add a CAR WASH to its property was a shock at best. The station is already a source of noise and lights, interfering with the quiet enjoyment of the homeowners in close proximity to it. I have 2 questions: Under what city planning theory is it acceptable to allow an unimportant and disruptive "convenience to some" to negatively impact upon the property values of many? What Formula will be used to calculate the compensation that will be due the homeowners whose property value is reduced by this development? This community cannot believe that the Planning Commission would even consider such a project. We all hope that good sense will prevail. Thank you Lynda Bentall 38 RUE FONTAINBLEAU, BIG CANYON, NEWPORT BEACH, CA 92660 Planning Commission - September 13, 2018 Item No. 4c Additional Materials Received Shell Car Wash (PA2016-093) From:Steve Rosansky To:Planning Commissioners Cc:fkim@rmshell.com Subject:SHELL CAR WASH (PA2016-093) Date:Thursday, September 13, 2018 12:29:23 PM Dear Planning Commissioners: I am writing to you in support of the Shell gas station application to add a self service car wash to their existing location at 1600 Jamboree Road, Newport Beach. The east side of Newport Beach is severely underserved when it comes to locations to have a car washed. The only full service car wash, Beacon Bay in Newport Center, will eventually be closing as there are proposed redevelopment opportunities currently being pursued by the owners of that facility. The applicant has more than adequately addressed the issues related to noise and they should not be a concern to the adjoining neighbors. From a water quality standpoint, it is better for a car owner to take their car to a commercial establishment where the dirty water can be filtered and re-used instead of washing cars in the street or alley where the soapy water and other hazardous substances like gas, oil and brake lining dust can pollute our streets and the bay and ocean where the water drains to once it goes down the sewer. I strongly encourage you to approve this application. Warm regards, Steve Steve Rosansky President and C.E.O. Newport Beach Chamber of Commerce The Business and Community Resource NEW ADDRESS 4343 Von Karman Ave., Ste. 150-W Newport Beach, CA 92660 Planning Commission - September 13, 2018 Item No. 4d Additional Materials Received After Deadline Shell Car Wash (PA2016-093) PH: (949) 729-4404 FX: (949) 729-4417 www.NewportBeach.com Click to sign up for eMail updates or text NEWPORTCHAMBER to 42828 You have received this message from the Newport Beach Chamber of Commerce (NBCC). It has been sent to you individually from the sender as a result of you voluntarily submitting your e-mail address for use in the course of business with us. Please don’t report this message as SPAM. If you do not want to receive e-mail from the NBCC, please let us know by replying to this message, or by calling us at the number below. The NBCC does NOT ever send Unsolicited Commercial E-Mail (UCE). Newport Beach Chamber of Commerce – 4343 Von Karman Ave., Ste. 150-W, Newport Beach, CA 92660 – (949) 729-4400 Planning Commission - September 13, 2018 Item No. 4d Additional Materials Received After Deadline Shell Car Wash (PA2016-093)