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HomeMy WebLinkAbout39-Planning - '''"' - ,. (' OF SAN BERrQRDINO - REQUEST Q.R COUNCIL ACTION From: Larry E. Reed, Director Subject: Appeal of Conditional Use Permit No. 90-2 Dept: Pl anni ng and Bui 1 di ng Servi ces Mayor and Common Council Meeting September 5, 1990 Date: August 22, 1990 Synopsis of Previous Council action: On August 7, 1990, the Planning Commission denied by a unanimous vote Conditional Use Permit No. 90-2, to allow a tunnel carwash and storage building to be constructed at an existing gas station. ;;.:) 1-,' i'JI 1...,) C" C) j,,\ ~:..P, J 1;.... !-',J C:' I:. ,~ ~~ Gi Recommended motion: That the hearing be closed and that the Mayor and Common Council deny the appeal and deny Conditiona~ Use Permit No. 90-2. (Supports Staff recommendation and Planning Commission's action.) or That the hearing be closed and that the Mayor and Council approve Conditional Use Permit No. 90-2 in concept and refer the matter back to Staff to develop positive Findings of Fact and Conditions of Approval. (Sup~s Appellant's request. Larry E. Reed Contact person: Larry E. Reed Supporting data attached: Staff Report Phone: 384-5357 3 Ward: FUNDING REQUIREMENTS: Amount: Source: (Acct. No.) (Acct. Descriotionl I """~;I J " j j ",0262 1 , .../ . . Finance: l' I , --I--- I~ ._ . C,ITy,'OF SAN BERroRDINO - REQUEST OR COUNCIL ACTION STAFF REPORT Subject: Appeal of the Planning Commissions denial of Conditional Use Permit No. 90-2, requesting approv- al of a tunnel carwash and storage building to be constructed at 1930 South Waterman Avenue at an existing service station. Mayor and Common Council Meeting September 5, 1990 REOUEST The applicant, Shell oil Company, through their consulting engineers, Western Sensystem Engineering Company, Incorporated, (WSECO) is appealing the denial of Conditional Use Permit No. 90-2 by the Planning commission. The applicant requests the Mayor and Common Council approve Conditional Use Permit No. 90-2, to allow the construction of a self-service drive-thru tunnel carwash and storage building at the existing Shell Service Station on the northwest corner of Waterman Avenue and Hospitality Lane. (See Exhibit A - Letter of Appeal.) BACKGROUND On April 6, 1982, the Shell service station was approved by the Planning Commission. On February 7, 1984, the service station was given approval to expand services by adding a food market. Conditional Use Permit No. 90-2, to add the carwash and storage building to the site, was submitted to the City January 9, 1990. On May 31, 1990, the Environmental Review Committee (ERC) determined the project would cause no significant environmental impacts and recommended the adop- tion of a Negative Declaration. On June 28, 1990, the site plan for the project was reviewed by the Development Review Committee and was cleared onto the Planning Commission. There was no recommendation by the Development Review Committee for approval or denial of the project. 75.0264 '1Q .' o 0 Appea1 of the P1anninq Commissions denia1 of Conditiona1 Use Permit No. 90-2 Mayor and Common Counci1 Meeting of September 5, 1990 Page 2 On August 7, 1990, the Planning Commission held a properly noticed public hearing on Conditional Use Permit No. 90-2. During the public hearing, discussion ensued relative to the intent of the General Plan which requires that buildings in the Tri-CityjCommercenter and Club Area (Commercia1 Regional- 3 land use designation) convey a high quality "corporate park" character... (Policy 1.17.31). The Commission discuss- ed the issue of compatibility of the proposed drive-thru carwash with the high quality office buildings, hotels and restaurants which surround the site. It was concluded that the proposed changes at the service station were not compati- ble with the character of adjacent development and not consistent with the intent of the General Plan. Based on the discussion and in agreement with the Staff recommendation, a motion for denial was made and seconded then carried by a unanimous vote. (See Exhibit B - Staff Report to the Plan- ning Commission.) OPTIONS AVAILABLE TO THE MAYOR AND COUNCIL The Mayor and Council may deny the appeal and deny Condition- al Use Permit No. 90-2 or the Mayor and Council may uphold the appeal and approve Conditional Use Permit No. 90-2 in concept and refer the item back to Staff to develop positive Findings of Fact and Conditions of Approval. RECOMMENDATION It is recommended that the Mayor and Council deny the appeal and deny Conditional Use Permit No. 90-2. Prepared by: Sandra Paulsen, Senior Planner for Larry E. Reed, Director of P1anning and Building Services Exhibits: A - Letter of Appeal B - Staff Report to the Planning Commission C - Official Notice of Public Hearing before the Mayor and Common Council M&CCAGENDA:CUP90-2M&CC , -- r W,~C() o EXHIBIT "A" o Covino. CA 91722 (818) 967-2625 ~ (818) 967-1846 August 9, 1990 rD) ~ ru.f:. i5 n \V7 ~ ri11 UlJ L:, ,-') ,", U \., "" L!!) AUG 1 4 1990 ~. HON. MAYOR & COUNCIL MEMBERS Ci ty of San Bernardino 300 North '0' Street San Bernardino, CA 92418 CITY Of SAN E::i:A.;\lAP'~~li:~l) DEP,4.F."'r,~ENT OF ?'-.i1,Nt-!:NG r.. e:;iLD;i\;C:" SC;,';W'::::3 subject: Appeal for CUP 90-02 Fascia lift of existing SHELL Service station and addition of Free Car Wash and relocating the storage Buildings at 1930 S. Waterman Avenue HON. SirsjMadams, Shell oil Company through their consulting engineers Western sensystem Engineering Company Inc. (WSECO) applied for Conditional Use Permit 90-02 for upgrading their SHELL SERVICE STATION located at 1930 S. Waterman Avenue crossing of Hospitality Lane in the City of San Bernardino to a high quality development complimenting the new development of the neighborhood. This upgrading includes the fascia lift of existing food mart and canopy, addition of a self serve tunnel Free Car Wash, relocating of existing Storage building, closing of one driveway and converting this into landscaping, additional landscaping on both Waterman and Hospitality streets. Since November 1989, we have several meetings with Planning Department and attended EIR and OCR meetings: and satisfied all their requirements including Traffic, Fire, all Municipal Codes, Land use, Noise, Landscaping, Etc. Further, We would like to point out that car wash is also a permitted Land use for CR-3 Commercial Zone which is the zoning of this parcel. Pursuant to noise requirements of the city, we have generated an acoustical study and as per their recommendations, satisfied the City'S noise requirement by eliminating the Blower/dryers from the car wash. However, at the City's request we have also taken another additional major to install a 10' high wall to further reduce the noise level. Ci ty' s planning department, in their staff report, mentioned that "a block 10' high would detract from the high quality development." We hereby propose to delete this proposed wall as it is not required as per Acoustical study. Further, we are willing to take other majors as recommended by the Acoustical study to make sure that this project will be of a high quality development to upgrad~ the area. Western Sensystem Engineering Co. Inc. 613 Eestbury Ave.. Covine. CA 91723. Design Off.: 536 W Arrow Hwv.. Suite 208. Covine. CA 91722 . .. .. -- .: o o We believe that we have fulfilled all the requirements of the City and being a good citizen of the City, should be allowed to contribute for the betterment of the city and its residence. Hence, we hereby appeal to the Mayor and Council of the city of San Bernardino and request for approval of this project of high quality development for betterment and cleaner environment which will enhance the quality of life and provide the convenience of free car wash to the local residence and businesses. Further completion of this project would provide unique and high quality architecture design of the service station which is the forefront of the industry and compliment the high quality development of the neighborhood. Thank you. Very Truly Yours For Shell Oil Company, eC~_ --- - P. Kumar President, WSECO. Enclosure: $100.00 Check No. 3284 Copy to: Mr. Mike Claudio Shell Oil Company EXHIBIT "B" CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT SUMMARY AGENDA ITEM HEARING DATE WARD B 8-7-90 3 r-;:::;.: r APPLICANT; WSECO W 536 West Arrow Hwy. #208 tn Covina, CA 91722 II( CONDITIONAL USE PERMIT NO. 90-02 OWNER: Shell Oil Company (.) 511 No. 3rookhurst Street '" Anaheim, CA 92803 /"""'. To add a self-serve tunnel car wash and a stcrage building to the site ti of an existing gasoline station/food mart uncer the authority of Municipal Code, Section 19.83.300. W ;:) " W II: - II( W Located on 0.59 acres on the northwest corner of Waterman Avenue and II: II( Hospitality Lane at 1930 South Waterman Avenue. \......I \. r r EXISTING GENERAL PLAN PROPERTY LAND USE ~_~NG commerf,~~~~t~~~ I Subj-ect Gas station/food mart North foIotel CR-3 Commercial Regional South Gas station CR-3 Commercial Regional East Multi-story Commercial CR-3 Commercial Regional office I~est Motel CR-3 Commercial Regional ~~ri~~IC ~ YES FLOOD HAZARD 0 YES 0 ZONE A ( SEWERS: [ll YES ) o NO ZONE; tJ NO OZONE B o NO I HIGH FIRE 0 YES I AIRPORT NOISE! o YES I REDEVELOPMENT Kl YES HAZARD ZONE; UiI CRASH ZONE; PROJECT AREA: NO [} NO Southeast Ind. o NO -- -- I'''rk r ..I o NOT o POTENTIAL SIGNIFICANT Z 0 APPROVAL j! APPUCABLE EFFECTS WITH 0 MITIGATING MEASURES !i 0 Ztn NOE.I.R. CONDITIONS WCJ II.Q :EZ o EXEMPT o E.I.R. REQUIRED BUT NO II.Z UiI DENIAL Z6 SIGNIFICANT EFFECTS II(W .OZ WITH MITIGATING til 11:- MEASURES 0 CONTINUANCE TO -II. > rn NO SIGNIACANT o SIGNIACANT EFFECTS 0 Z (.) W EFFECTS SEE ATTACHED E.R.C. W \. MINUTES II: \. t..- - an CII' .... ......., --- PLAN-8.D2 PAGE 1 OF 1 (4-10) j;) . o ,.. CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT CASE CUP 90-02 ~ OBSERVATIONS AGENDA ITEM HEARING DATE PAGE 8 8-7-90 2 ,.. REQURST The applicant requests approval of a Conditional Use Permit under the authority of Municipal Code Section 19.83.300, to add a self- service car wash and storage building to an eXisting gasoline station/food mart in the CR-3, Commercial Regional, General Plan land use district. SITE LOCATION The site corner of described of the proposal is 0.59 acres located at waterman Avenue and Hospitality Lane, as 1930 South Waterman Avenue. the northwest and further MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE The proposal is consistent with the Municipal Code and in conformance with the General Plan as shown in Attachment A. CAr.IFORNIA RNVTRONMENTAT. QUALITY ACT STATUS An Initial StUdy was prepared by staff and presented to the Environmental Review Committee on May 31, 1990. A Negative Declaration was recommended. The Initial Study was made available for public review and comment from June 7, 1990 to June 27, 1990. No comments were received. BACKGROUND The existing gasoline station Conditional Use Permit No. 82-14 was subsequently approved in gasoline station on February Permit No. 84-01. was originally approved under on April 6, 1982. The food mart conjunction with the existing 7, 1984, under Conditional Use ANALYSIS Permitted Use The proposed self-service tunnel car wash and conjunction with the gasoline station/food uses in the CR-3, Commercial Regional, land approval of a Conditional Use Permit. storage building in mart are permitted use district with ... =.tt.= 't>.. L.... PLM-UI PAGE 1 OF 1 f4<<lI < 0 0 r < CITY OF SAN BERNARDINO PLANNING CASE CUP 90-02 - AND BUILDING SERVICES DEPARTMENT AGENDA ITEM 8 OBSERVATIONS HEARING DATE 8-7-90 PAGE J ,. " " Compatibility with Surrounding Land Uses ~ Development surrounding the site and along Hospitality Lane to the west is characterized by high quality hotels/motels, multi- story office buildings and restaurants. The Waterman Avenue off- ramp from the Interstate 10 is located less than one eighth of a mile to the south of the project site. The General Plan identifies this Off-ramp as a major entry node which serves as a major access to the Hospitality district as well as for the entire city. As such, it is important that development in this key area of the city maintain a high quality appearance and compatibility with surrounding land uses. The self-service car wash is compatible with the gasoline station located across waterman Avenue to the south. However, the self- service car wash is not characteristic of the high quality hotels/motels and restaurants found in the area and along Hospitality Lane, and is therefore incompatible with the area overall. A point worthy of note is that drive-through restaurants, although permitted in the CR-3 land use district, are expreSSly prohibited from the area by General Plan Policy 1.17.10 because they are considered to be incompatible with the eXisting development in the Hospitality area. Although drive-through self-service car washes are not specifically prohibited in the area by the General Plan, they are similar enough to be considered incompatible with the area for the same reasons. Landscaping The proposed internal planting meets the requirements of the required landscaped setbacks, areas equal to 6 percent of the Internal Circulation and landscaping for the proposal Municipal Code. Excluding the the project proposed landscaped total paved parking area. Internal vehicular paths provided for on-site circulation are of sufficient size to accommodate two-way traffic in conformance with the minimum Municipal Code requirements of 24 feet. Traffic The proposal has been reviewed by the City Traffic Engineer who has determined that the project-generated traffic would not significantly impact the streets in the vicinity. .... __ _'OF. _ =:.: .. . . 0 0 ,... CITY OF SAN BERNARDINO PLANNING CASE CUP 90-02 ~ AND BUILDING SERVICES DEPARTMENT OBSERVATIONS AGENDA rrEM 8 HEARING DATE ts-I-!:IU .... PAGE 4 parking The 4 parking spaces depicted on the site plan are adequate and fulfill the Municipal Code parking requirements for the proposal. Noise Noise generated from the car wash could result in increases in the existing noise levels of the area and could expose people in the motel adjacent to the site to exterior and interior noise levels in excess of those permitted by the General Plan. An acoustical study was prepared for the proposal by Gordon Bricken and Associates. To reduce potential noise impacts to a level of insignificance the project could be conditioned for the following: 1. Eliminate the dryer/blower from the car wash to reduce the levels of generated noise below 65 dB CNEL; and 2. Provide a ten foot decorative sound wall extending along the northern property line and a nine foot decorative sound wall along the western property line. Pursuant to section 19.62.010, the height of fences or wall erected on the property lines in the CR-3 district shall not exceed six feet in height. A variance concerning the height could be pursued, however, a block wall ten feet in height would detract from the high quality development along Hospitality Lane. Should the car wash not be constructed, a block wall of such height would not be required. COMMENTS RECEIVED The Development Review Committee (DRC) reviewed the site plan for the proposal at their meeting of June 28, 1990. The site plan was cleared on to Planning Commission for hearing. Councilman Ward 3 Councilman Flores, the councilman for Ward 3, has expressed concern that the proposal would detract from the other first class development in the area. The Councilman has indicated that there are other car washes located on the south side of Interstate 10, which would not inconvenience individuals in need of having their cars washed, and that one was recently approved on Redlands Boulevard [Conditional Use Permit No. 89-071. =-=~ ......... ~_ 1 OF 1 _ o o ~ "'" OBSERVATIONS CASE CUP 90-02 AGENDA ITEM 8 HEARING DATE 8-7-90 PAGE 5 ...., CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT ... ...,j CONCLUSION The proposal is a permitted use subject to the approval of a Conditional Use Permit. The project complies with all minimum Municipal Code standards concerning landscaping, parking, circulation, setbacks, elevations, and lot coverage. However, the proposal is not compatible with the high quality hotels/motels and restaurants characteristic of the Hospitality Lane area and Southeast Industrial Park Redevelopment Area. RECOMMENDATION Staff recommends Use Permit No. (Attachment BI. that the Planning Commission 90-02 subject to the attached deny Conditional Findings of Fact R~ectfully sUbm~ted, i:Lif.'1j .r 6c..,,' Larr./'A:. Reed DirEctor, Planning and BUilding Services ~R.~ Michael R. Finn Associate Planner Attachment A - Municipal Code and General Plan Conformance Attachment B - Findings of Fact Attachment C - Initial Study AttachmentD - Site Plan and Elevations Attachment E - Location Map =.:- ... ...,j ,....... _, 01" _ , 0 0 r CITY OF SAN BERNARDINO PLANNING CASE CUP 90-02 AND BUILDING SERVICES DEPARTMENT AGENDA ITEM 8 FINDINGS OF FACT HEARING DATE 8-7-90 PAGE 7 .. .... r """'I .. ATTACHMENT B FINDINGS OF FACT 1. ---- The proposed tunnel car wash and storage area in conjunction with the gasoline station/food mart conforms to the objectives of the City's General Plan, in that it is a permitted use in the CR-3, Commercial Regional land use district, subject to the approval of a Conditional Use Permit. 2. The proposed use could adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located in that the proposal is not compatible with the high quality hotels/motels and restaurants characteristic of Development along Hospitality Lane and in the Southeast Industrial Park. 3. ~-- The size and shape of the site proposed for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare in that the site can accommodate the proposed self-serve tunnel car I wash and storage in conjunction with the gas station/food mart in conformance with all applicable standards regarding setbacks, landscaping, parking, and internal circulation. The City Traffic Engineer has reviewed the project and han indicated that the traffic generated by the proposed use will not impose any undue burden upon the streets and highways designed and improved to carry the traffic in the , area. The parking provided is adequate in that it satisfies I Municipal Code Requirements. ~ ----- The granting of this Conditional Use Permit would be detrimental to the peace, health and safety and general welfare of the citizens of the City of San Bernardino in that the proposed use is incompatible with the surrounding .land uses o.f the Hospi tali ty area, and could have adverse impacts detrimental to the area in which the project 'is located. 4. 5. PI.ANoI.DI PMIE t OF 1 C4<<II =-='l:- "Ul .... C/3V OF SAN BERNAJOINO PLANNING DEPARTMENT INITIAL STUDY , Applicant(s) Address City, state Zip MISC: IS PREPARATION ke/9-1-89 ATTACHMENT C Initial study for Environmental Impacts For Co...OI1"ID-lM.. ....~Ii. "l'~" "0-02.. Project Humber proj ect description/Location TO M>1l,. ~fI.t'-SE0l~ .,.......11.... cAIt "'~ll AN_ ,. <:Ir0llAc.l<. a""L1:>''''1. "TO ...""E 51~ OF ,,0.1 io,w'n.... SI<.Q~= 51'"A'T'IcM L..0UInI> ON 'TitE. ~ c.oll.llEl:l. of w~ AII~ ......to iW>!.P'1"A\..LT'/ ........... Date 1-\.41 '2..\ I'HD I Prepared for: vJ S G:.CC> S":.!O IIIIEhT "QQOW IIlbllwlW SLlITE "2.011 I co",,,,. CA Qn2.;z.. 1 Prepared by: MICIol-~ R. VIol,.) Name ~0<'\A"T"l<. i'LfnJ",€\4- Title city of San Bernardino Planning Department 300 N. "0" Street San Bernardino, CA 92418 '''.'.- ", Y OF SAN BERN DINO PLANNING DEPARTMENT ENVIRONMENTAL IMPACT CHECKLIST , ~ A. BACKGROYND Application Number: COllll""lot4A~ \lhi. Wb41T" '1o-o"l. Project Description: "Tb ~lm ". Stl\..$'-5l!ll.~I~ -nul1l.E.l. CAll.. vJAft~ AIIll> A S~ QU\L.t>INw'"'O -rwe. SITE of Arll. e.'lI.I!.n~c.. sell."IC.~ sT....n[)~. _0. Location: 0.'54 AcReS \..J:>uo~ ow.~ WOe:n\We6T CoIbl.eR. oii= u.J;"~AIIQr.lU~ AIoltl &'&PIT"""'l'I i-AME. Environmental Constraints Areas: AR.e1r oF .h~ \..\(ilU.IFAcn~ ~~T1-tt.. General Plan Designation: c~-~ GCllItoI""l",,",- ~cN"''''' . Zoning Designation: CQ.-'3.. c.o~A(.. R'E.C.rLco.loM- B. ~~I~~~~ IMPACTS Explain answers, where appropriate, on a separate attached sheet. 1. ~I.th Resources Will the proposal result in: Yes No Maybe a. Earth movement (cut and/or fill) of 10,000 cubic yards or more? x. b. Development and/or grading on a slope greater than 15' natural grade? 'J( c. Development Alquist-Priolo Zone? within the Special Studies x d. Modification of any unique geologic or physical feature? x .... REVISED t 2/87 ..... PAGE t OF 8 - - - - ~ -Yes No Maybe '" e. Soil erosion on or off the project site? f. Modification of a channel, creek or river? )(. x g. Development subject mudslides, other similar within an area to landslides, liquefaction or hazards? )( h. Other? 2. ~IR RESQY~: Will the proposal result in: x a. air upon emissions or ambient air x Substantial an effect quality? b. The creation of objectionable odors? x c. Development within a high wind hazard area? >C 3. WAnB RESOURCES: proposal result in: Will the a. Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff due to impermeable surfaces? b. Changes in the course or flow of flood waters? )(. x c. Discharge into surface waters or any alteration of surface water quality? d. Change in the quantity or quality of ground waters? e. Exposure of people or property to flood hazarjs? x x. )( f. Other? WA-n;A.l'ih...U...., IN MAI....~ x .... ~ REVISED 12/87 PAGE 2 OF 8 ~ -- - ,. \J Yes Maybe ~ \.. No .oil REVISED 10/87 PAGE 3 OF 8 ~ o 9. :rM~OR'l'ATIQ~~ATION: Could the proposal result in: a. An increase in traffic that is greater than the land use designated on the General Plan? b. Use of existing, or demand for new, parking facilitiesl structures? c. Impact upon existing public transportation .systems? d. Alteration of present patterns of circulation? e. Impact to rail or air traffic? f. Increased safety hazards to vehicles, bicyclists or pedestrians? IlIo. REVISED 10/87 Oes No )(. )( 'l( x )( )( Maybe ..... ~ PAGE 4 OF 8 r o g. A disjointed pattern roadway improvements? h. Other? 10. ~~~ SERVICES Will the proposal impact the following beyond the capability to provide adequate levels of service? a. Fire protection? Police protection? Schools (Le. attendance, boundaries, overload, etc.)? b. c. d. Parks or other recreational facilities? e. Medical aid? f. Solid. waste? g. Other? 11. UTILITIES: Will the proposal: a. Impact the following beyond the capability to provide adequate levels of service or require the construction of new facilities? b. c. " REVISED 10/87 1. Natural gas? 2. Electricity? 3. Water? 4. Sewer? 5. Other? Result in a pattern of extensions? disjointed utility Require the construction of new facilities? :''- . o Yes of No 'I.. "- )( \( x x v. X l( -t.. ')( )( )( )( )( x Maybe ., ~ PAGE 5 OF 8 ~ F Maybe ~ 12. AESTHETI~: a. Could the proposal result in the obstruction of any scenic view? b. Will the visual impact of the project be detrimental to the surrounding area? c. Other? 13. ~Y~~URA~~~QURCES: proposal result in: a. The alteration or destruction of a prehistoric or historic archaeological site? Could the b. Adverse impacts historic object? c. Other? physical or aesthetic to a prehistoric or site, structure or 14. Mandatory Findings of Significance <Section 15065) '" The California Environmental Quality Act states that if any of the following can be answered yes or maybe, the project may have a significant effect on the environment and an Environmental Impact Report shall be prepared. a. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal cOQrnunity, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate Yes No )( x ~ ~ x ')(... , REVISED 10/87 PAGE 6 OF8 ~ r .- - Yes No Maybe ""'IIIl important examples of the major periods of California history or prehistory? b. Does the project have the potential to achieve short term, to the disadvantage of long-term, environmental goals? (A short-term impact on the environment is one which occurs in a relatively brief, definitive period of time while long-term impacts will endure well into the future.) >< x c. Does the project have impacts which are individually limited, but cumulatively considerable? (A project may impact on two or more separate resources where the impact on each resource is relatively small, but where the effect of the total of those impacts on the environment is significant. ) d. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? ')( )( C. DISCUSSION OF ENVIRONMENTAL EVALUATION AND MITIGATION MEASURES (Attach sheets as necessary.) ~ ~ REVISED 10/87 PAGE 7 OF 8 , ' . o o : Project Number Conditional use Permit 90-02 Kay 21, 1990 C. DISCUSSION OF ENVIRONKENTAL EVALUATION AND KITIGATION KEASURES (continued). l.g. The site lies within an area of high liquifaction potential. To mitigate any potential impacts, the project shall comply with the requirements of KC-676 concerning submission of liquifaction reports and mitigation measures to the City Public Works Department. 3.a. Project development may entail a change in drainage patterns, and absorption rates as a result of the structural additions to the site. Engineering Department Standard Conditions and requirements concerning drainage will reduce potential impacts to a level of non-significance. J.c., J.d., 7.a., 7.b., and 7.c. The proposed project may involve the release of hazardous substances into surface waters, conceivably altering the quality of both surface and ground waters. Release of hazardous substances would be handled by the Environmental Officer at the San Bernardino City Water Department. The following City of San Bernardino Water Department Standard Requirements will reduce these potential impacts to a level of insignificance: 1. An industrial waste permit shall be required if any type of hazardous materials are to be,released. 2. A Grease Trap (Sand Trap) shall be installed. J. No Regenerative Water Softeners may be installed without prior approval of the Environmental Control Officer. J.f. To safeguard water quality in existing water pipes and mains, an R.P.P. Backflow Device is required at the water sevice connection per City of ~an Bernardino Water Department Standard Requirements. ~" . . . o o Project Number Conditional Use Permit 90-02 May 21, 1990 C. DISCUSSION OF ENVIRONMENTAL EVALUATION AND MITIGATION MEASURES (continued). 5.a., and 5.b. The proposal could result in increases in existing noise levels and exposure of people in the motel adjacent to the site to exterior noise levels in excess of those allowable by the General Plan. An acoustical study was prepared for the project by Gordon Bricken and Associates. The study found that the project as designed will produce noise levels in excess of 65 dB CNEL. To reduce these potential noise impacts to a level of insignificance, the project shall comply with the fOllowing conditions of approval: 1. Eliminate the dryer/blower from the car wash to reduce the levels of generated noise below 65 dB CNEL. 2. Provide a ten foot decorative sound wall extending along the northern property line and a nine foot decorative sound wall along the western property line. 9.d. Project development could alter or change the present traffic and circulation of the area. The proposed project has been reviewed by the City Traffic Engineer and does not meet the minimum criteria for a traffic impact study as established in the Traffic Policy Paper, or as determined by the Traffic Engineer. The additional trips fro. the proposed project are not sufficient to cause a significant impact on the adjacent street system. Total traffic volume will be less than the street design capacity. o o 90/369 GORDON BRICKEN & ASSOCIATES CONSULTING ACOUSTICAL and ENERGY ENGINEERS . . . Hay 16, 191") 6 i ~ ~ ~ I . . t V iI~IlI ~tii"v . 6 IS 1 ~ ~ U . . .. ~ ~ i: i t u I ~ I Uti 2 . U ~ prepared for: Go on Briclcen Preaielen t. ." HR. PAJUtANAND KUHAR KSSCO -- Weat.ern Sensystem Enyineering Co. Inc. 613 E..~bu~y Avenue ..Covi... ~"lf.f~..'" - C>1..... /_b 1621 East Sev.nle'nth Str..t, Sulle K · Santa Ana, C11l1tornia 92701 . Phon. (714) 835.0249 FAX (714) 835.1957 " JI. 90/369 GORDON BRICKEN & ASSOCIATES CONSULTING ACOUSTICAL and ENERGY ENGINEERS . . lill1H161~ -"" , . The proposed car wash has been analyzed for qomp1iance with tho Ci~y'. requirement of 65 CNEL on the adjacen~ motel use. The project, as designed, will exceed the requirement. The following four o~tion8 for mitigation are available: 1. Ad~ automatic doors at the entrance and the exit, or 2. Add sound walls per Exhibit 8, or 3. Bliminate the dryer, or" 4. Limit the operat:l.ng hours to 7:00 A.M. to 7:00 P.M. I I I I i i I~ I 16l'1 East Seventeenth Str..t, Suite K . Santa Ana. California 92701 . Phone (714) 835-0249 FAX (714) 835-1957 ~ w .L . o o 90/369 GORDON BRICKEN & ASSOCIATES CONSULTING ACOUSTICAL end ENERGY ENGINEERS 1.0 INTRODUCTION This study examines the noise impact of the proposed self-service automated car wash on the motel adjacent to the Shell site on which the car wash is located. The car wash is a drive thru f.cility. The site is located as notod on Exhibit 1. The plot plan of the site is shown on ~xhibit 2. The Super 8 Hotel is adjacent to the Shell site on a portion of the north and west frontage. The distances to the building faces are mar~ed on the Exhibit Z. Z.O APPLICABLE N01SE CRITEAIA The City of San Bernardino wishes the car wash to not exceed 65 CNEL on the motel site. AS a practical matter, since there are par~ing lots immediately adjacent, this can be interpreted to mean the building face. 3.0 EXISTING NOlo& ~~VEL The area is close to tho 1-10 freeway. Waterman is also a fairly heavily traveled street. A site visit was made, and a short-term measurement ta~en. The measurement chart ia shown on Exhibit 3. The levels are very constant. The avoraqe level was 6Z d>>A. The measurement was ta~en at 8:30 P.M. The typical 1-10 fre.way cycle is described by the plot of hourly aver.ge levels sho~n on Exhibit 4. The conversion from the avaraga hourly level to CNEL for the 8:00 P.M. to 9:00 P.M. period is CNSL . Leq(hl + 4. ThUS, the estimated CNEL at this location is 66 dBA (6Z +4 . 66). 1621 ~ASI Seventeenth Slloot, Suite K . Santa Ana. California D2701 . Phone (714) 835-0249 FAX (714) 835-1D57 .- --_. .----.-.-- ~';'-'~ o o -.., ..... 4.0 9ROJ8CT 1'10158 LEVEL~ The proposed car wash is represented to be silllilar to a RrCO syste. for which data was Supplied by the client from a field study done by Colia Acoustical Engineering. The plot shee~s are snown On Exhibits 5 and 6. This data has been convert- ed to a dB versus distance chart, and is sho~n on EXhibit 7 and proJected Out to the locations of the building faces without accounting for any effects that lIIay OCcur as a result of site Shielding. The generation of CNEL values requires a model of daily opera Lions. The assumption here will be tnat the Car wash is used 80 percent of the time from 7:00 A.M. to 7:0~ P.M., 40 perCent of the time from 7:00 P.M. to 10:00 P.M., and 20 perCent of the time from 10:00 P.M. to 7:0~ A.H. Ta~ing the data from Exhibit 7, Which.is foe continuous operation, and applying the operational mOdel, results in the values given in Table 1. TABLE 1 POTEN~IAL CNEL VALUES AT MOTEL FACES FACE DOORS 09EN DOOas CLOSED North west 72 71 67 6S It is cleae, that when the doors ace left open, whJ.cn would be the typical condition, the levels could exceed 65 CNEL by 5 to 7 d8A. Now, there are SOIll. mitigating factors. The design is auch that from tho entrance to the west propeety line and a short distance souto of the north property linG along the west property line, there is a building structure. The calculations contained in Appendix 1 indicate the effect that this structure has on the noise levels. This J.s given in Table 2. TA8LE 2 ACTUAL CNEL VALUES AT HOT~L rAC~ OPPOSITE S~KUCTURES PAC! North west DOOR:; OUN DOORS CJ:.OSEO 60 62 55 57 The expected actual levels will not exceed 65 CNEL on tne wast side except for tne unsh1elded portions. the unshielded o portions will ~ill be 6 dSA over the allowed limit. For the locations not Shielded by tho building on the nOrth side at tho exit end, the levels will still exceed the design figure by 7 dSA. Additional mitig~tion will be required. ""I JI>!t 5.0 . . . . MITIGATION There are ..veral options available for producing compliance.' TheSe are as follows: 1. Add dOors to the car wash. This option produces 7 d8A on the north and 12 dHA on the west. 40th results would ma~e the car wash comply as can be seen in TaDle 2. 2. Ada more SOund reducing structure. On the north and west Sides, this means a ten (10) foot wall extending from tne proposed termination of tho wash DUilding to a point OPPOsite the edge of the Super 8 structure (please see Appendix 1). On the west Sldo, the height is nine (9) feet. The conditions are S~etched on Exhibit 8. 3. Eliminate the dryer. The dryer noise data is shown on EXhibit 10. The curve is plotted on ~xhibit 7. Eliminating th. drier reduces levels by 7 dBA, Which is adequate for compliance. Limiting hours of operaeion. If ehe hours of 4. operations were to be limited to 7100 A.M. t~ 7100 P.M., then, the CNEL levels would drop 7 dBA. ThLS is adequate to comply. Combine the various mitigations. Mitigation measures may be combined. Thus, there are four options for mitigation anyone of whiCh. may be uscd. These are: Add automatic doors at entrance and exit, or 1. Add sound walls per Exhibit 8, or 5. 2. 3. ElimJ,nata dryer, or Limit operating houra to 7:00 A.M. to 7:00 I..ft.. 4. -- o o EXHIBIT 1 SITE LoeA TION MAP . . ,.... ~ > ,..1 cy ~.~.,-~ . . ..', '-- f I ( ~r: -... .~ I. I. i f I til ; g fi . t , .' f ' . ... ..- . .. '::1~~" " ... ' I,J .. r . J;.--+.. ...~.!l:'...j -[ ~' , - . f ' .ft....:.. 'j " . . ,,1 I J f . . .\ ( . I f f I . .... J ), . Is " IJ I' _." "; . ClIo. ....< -2 CD -.... ::x: 0 x...J Wo. , ",. '.0 ~I z IEB I I I I I I. , t i I ! i f i i I i t1 J NO.818-967-1846 ~ 21,90 , IIhlllil..I. I". \oJ' · J ,b ! ............. : I : ! '. ir 13 I "",1 . = .1 0 kl Ii '11',.. . ~ I dlllilmll, II 'I " " t fl , . -.-- I -- J..~ - J --.-.- --.- .___.._.J. ~'-iJ'''~-'--- -.--.... , , I I - "." .... -..- ..- : . ., - .... ..... --......-... -'-- .... --_.. .__. -- .-.-- ~"C"" ( C) o ... ~ ... o o . CD 0 CD Q 0 0 0 0 0 0 0 0 0 0 0 0 0 at . ... . G . at . ... . II) . 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(I RECEtVER EI.E...,ATIm~..... 0 ~ARRIrR ELEVATION...... 0 RECEIVE~ HEl~HT........ 5 DISTANCIi TO SOURCE..... b:5 DISTANCE TO RECEIVER... 40 Sl.lllRCE NOISE LEVEL..... 71.0(' WALL HEIGHT 0.00 J . (10 2.00 3.(u) 4.0(' S.OO o.Oi, 7.0<' F.J.O() 9.00 1\"). (Ie) It.OO 12.0u 13.0(. t4.00 15.C.(I 10.00 NOISr: LEVEL 71. 00 71.0C' '/1. (10 7J. (,i, 71.0(, 7 I. 00 71.00 65.B.~ "~.2:S I NSERTI ON LOSS 0.00 CI.(lO 0.00 0.00 0.0(' 0.00 0.0(1 5.17 !5.77 o.:'$b 7.07 7.93 8.84 9.73 10.58 11.37 12.1(1 64.04 "~.93 63.07 b2.lo 61.27 toO. 4:<' 59.63 !:SCI.90 ~ 21.90 9:18 P.Ol . o BARRIE"k NCIlSE RF.OllCTION ANALYSIS o PRo.tEeT. . . . . . CAR WASH DE.:;;CRIF>rrc.'N. .E"FFEC:T OF BUBIIDING STRllCTURf ON NORTH . SOURCE EI.EVATION....... 0 REl~El Vf..R FI.EVAl ION. . . .. 0 BAR~IER ELEVATION...... 0 RECEIVER HEIGHT........ 5 DISlANCF.: TO SOllf:.tCE..... ~ OHHAt~C:F. 10 RECEIVF.-R... 75 S[lIJRCF. NO I SE LEVEL..... 72. 00 WAL L HI:; I GI~.l o.n(l I .1)0 2.(uJ 3.()O 4.('I(l ~i.(")O 6. (1(, 7.0') B. (t(. 9."") 1 ('. (I" 1 I. (10 12. (1(> 13. fu) 14. (1(, I!".. 00 16.0(' NOISiE LfVEL 72.0(. 72.0.0 72. (II', 7~? 00 72.0'" 72.00 7";:'. et() 7"2. t:>>t. 66.96 *'~.?1 63.97 6';'.(,,4 "0.41' !".Q.(.~ 57.98 57.08 5~.44 INSERTION 1.0SS C>.OCI 0.00 0.00 o.oel O.OCI 0.0(. 0.0(' 0.1)(1 5.04 ~.2q &.03 Q.96 11.60 12.94 14. (.;.> 14.92 IS.~ ... , .. -~- r" t"'}. n '" o DETERMI~11Q}T On the basis of this initial study, ~ The proposed project COULD NOT have a significant effect on the ~ environment and a NEGATIVE DECLARATION will be prepared. The proposed project could have a significant effect on the environment, although there will not be a significant effect in this case because the mitigation measures described above have been added to the project. A NEGATIVE DECLARATION will be prepared. '. D. D The proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. ENVIRONMENTAL REVIEW COMMITTEE CITY OF SAN BERNARDINO, CALIFORNIA ~1fI Uu5C11- fhh/'x 5€.l1,tM .:pb.nhe\ } Na? and Title L<. ~A ~ / '~A,(} o:Y7 - (v A /~y_ Signature Date: rv~ ~J) )990 IlIo. REVISED 12/87 ~ PAGE 8 OF 8 I - l J, ! ~ Ii I ,r! I ,.Ir,... I """ . i. 111.111;1... I .. I i ~ .~.~~;:~~~~~. ~ ~ .1 I dlllilimll s II I : I . ~ ~ . -I - .. N \ . <:) (3- Q.:. ~I j 1;111 Cf -- U I z . I TEe i .. I :~) i '#-.- .... 1. .... I I . .' j M -- . I. . , . " . I I , I J, ~ I III ( i i I ! I f I I . ... J 11 I! J~ c t ., I~ I- z: UJ --. :IE: ::t: -- U e( l- I- e( - ..II"rrl> ------ '-'JJl'Iw1idm<-lI-.--.---.- , ... -t _"... __._ _ _ _. -.:r~_ t ~ C Ir Q.. =s: ui . . I I r-, ! I .. I . . . ......-.. " -.:: ~ ~.. . .. .. . . zEB , I I. , 1 3 I -..... - I .--- EB . - . . z () I~ ~ ~ I .L' G I ~ .- t ... .. ~ :;; ~ i I z 0 .. .. .. I - .- . ~ ~ m .' - o ATTACHMENT E o , ~ CITY OF SAN BERNARDINO PLANNING DEPARTMENT .., r AGENDA ~ ITEM # LOCATION CASE CliP qO-O? 8 HEARING DATE 8-7-90 .... ~ '" ~ I -.' ~ . - IF .. . ~ T \ \ ! I : -...- ! i I : JL- I II'VIWWOOO IT -.... ! I I CO.Ll. ~c G -- , . - 1;,. \ Froll' Dept Date Syn o EXHIBIT "c" o --- OFFICIAL NOTICE OF PUBLIC HEARING BEFORE' THE CITY OF SAN BERNARDINO MAYOR AND COMMON COUNCIL APPEAL OF Conditional Use Permit No. 90-2 F ~ THIS IS TO INFORM YOU THAT THE FOLLOWING ITEM HAS BEEN APPEALED TO THE MAYOR AND COMMON COUNCIL By App 11 cant \... r r , SUBJECT: WARD .;Of: Conditional Use Permit No. 90-2 3 "- , PROPERTY LOCATION: Subject property consists of .59 acres located at the northwest corner of W~terman Avenue and HOSPitality lane. "- PROPOSAL: To remodel an existin9 service station and to construct a sel f-serve drive-thru tUnnel carwash and storage buildin9. , PUBLIC HEARING LOCATION: SAN BERNARDINO CITY HALL COUNCIL CHAMBERS 300 NORTH "0" STREET SAN BERNARDINO, CA. 92418 , , HEARING DATE AND TIME: September 5, 1990 2:00 p.m. A DETAILED IlESCIt'PTIOIII OF THE PII0POSAL IS ON FILE IN THE PLANNING DEPARTMENT AT CITY HALL. IF 'I'OU WOULD LIICE FURTHER INFORMATION ABOUT THIS PROPosAL PRIOR TO THE PUBLIC . HEARING, PLEASE CONTACT THE PLANNING DEPARTMENT IN PERSON OR BY PHoNING (714) 384-5057. THANK you. , "","-, -CI~' OF SAN BERN(JIDINO - REQUEST lOR COUNCIL ACTION STAFF REPORT Subject: Appeal of Development Review Committee (DRC) Approval of Lot Line Adjustment No. 90-23 Mayor and Council Meeting of October 1, 1990, 2:00 p.m. REOUEST The appellant, John Lightburn, is appealing the approval of Lot Line Adjustment No. 90-23 by the Development Review Committee. The appellant requests that the Mayor and ,Council reconsider the approval and "set aside the approval of Lot Line Adjustment No. 90-23 until such time a thorough environmental review is conducted in accordance with the California Environmental Quality Act (CEQA) ...". (See Appeal Letter, Attachment "A".) BACKGROUND Lot Line Adjustment No. 90-23 combines 13 lots into 2 lots consisting of a total of 3.3 acres located at ,the northwest corner of Court Street and Arrowhead Avenue. Parcel No. 1 will consist of Assessor Parcel Numbers 135-151-4, 5, 10-16, and 20. Parcel No. 2 will consist of Assessor Parcel Numbers 135-151-17, 18 and 19. (See Attachment "B", Lot Line Adjustment Plat.) On July 19, 1990, the Development Review Committee approved Lot Line Adjustment No. 90-23. On August 20, 1990, the Council referred the appeal to the Planning Commission for a recommendation. On September 11, 1990, the Planning Commission reviewed the appeal and voted 4 to 4 on a motion to recommend denial of the appeal. This "no recommendation" resulted because of confusion over issues unrelated to the appeal. Lot Line Adjustments are categorically exempt from the provisions of CEQA (Section 15305), if new parcels are not created. The proposed configuration complies with all pertinent criteria set forth in the Municipal Code and is consistent with the General Plan. 75-0264 ""'" , 0 ," 0 . Appeal of Lot Line Adjustment No. 90-23 Mayor and Council Meeting of October 1, 1990 Page 2 BASIS OF APPEAL The main point of the appeal letter is that the Lot Line Adjustment is an "i~tegral" part of a development plan related to the expans~on of the Sun Company, and that, as such, the "cumulative impacts" may have a significant effect on the environment and "compromise long-term environmental goals" by not taking into effect the implications of related projects. These related projects are inferred to be illegal or inappropriate. ANALYSIS OF APPEAL Lot Line Adjustments are legal instruments affecting boundar- ies of existing parcels and have no environmental consequences, cumulatively of individually. For this reason they have been categorically exempted from the provisions of CEQA. They may be important in implementing a development project for financing or legal reasons, but they do not produce a physical change to the environment. Thus, the appeal has no valid basis. The safety issues raised by his questions about related projects are being addressed by the Department through the appropriate legal and technical review procedures. RECOMMENDATION It is recommended that the Mayor and Council deny the appeal and approve Lot Line Adjustment No. 90-23. Prepared by: John E. Montgomery, AICP Principal Planner Attachments: A - Letter of Appeal to Mayor and Common Council B - Lot Line Adjustment Plot C - DRC Letter of Approval, July 23, 1990 jke:7j27j90 M&CCAGENDA: LLA9023APPEAL