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HomeMy WebLinkAboutNewland Carwash - Conditional Use Permit 09-012 - CUP 09-012 City ®f Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 o OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK NOTICE OF ACTION CONDITIONAL USE PERMIT NO. 09-012 (NEWLAND CARWASH) May 12, 2010 Thomas Hwang 616 Imperial LLC 1050 E. Anaheim Street Long Beach, CA 90813 APPLICANT: Thomas Hwang REQUEST: To permit the construction of an approximately 2, 336 sq. ft. express service carwash building and associated site improvements, on a 22,363 sq. ft. vacant lot. This request was approved by the Zoning Administrator on November 18, 2009 and approved by the Planning Commission on March 9, 2010. LOCATION: 8471 Warner Avenue (northwest corner of Warner Avenue and Newland Street) PROJECT PLANNER: Ethan Edwards On Monday, May 3, 2010 a Public Hearing was held to consider an appeal filed by Larry Kennepohl of the Planning Commission's Approval of Conditional Use Permit No. 09-012 to permit the construction of an approximately 2, 336 sq. ft. express service carwash building and associated site improvements, on a 22,363 sq. ft. vacant lot. . The following action was taken by the Huntington Beach City Council: Approved Conditional Use Permit No. 09-012 with findings and conditions of approval. Sister Cities: Anjo, Japan m Waitakere, New Zealand (Telephone:714-536-5227) NOA—CUP 09-12 May 11, 2010 Page Two Enclosed are the Findings and Conditions of Approval, and the Action Agenda from the May 3, 2010 meeting. If you have any questions, please contact Ethan Edwards, Associate Planner at (714) 536-5561. an L. Flynn, CIVIC City Clerk JF:pe c: Scott Hess, Director of Planning Ethan Edwards, Associate Planner Larry Kennepohl, Appellant Attachments: Findings and Conditions for Approval - CUP 09-012 City Council Action Agenda for 5-3-10 FINDINGS AND CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 2009-012 FINDINGS FOR PROJECTS EXEMPT FROM CEQA: The Planning Commission finds that the project will not have any significant effect on the environment and is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to section 15301 of the CEQA Guidelines, because the proposed project consists of an addition of less than 10,000 sq. ft. of floor area to existing structures on a site where public services and facilities area available and the surrounding area is not environmentally sensitive. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 2009-012: 1. Conditional Use Permit No. 2009-012 to permit the redevelopment of a former gas station site with the construction of an approximately 2,336 sq. ft. express carwash building and associated site improvements will not be detrimental to the general welfare of persons working or residing in the vicinity or detrimental to the value of the property and improvements in the neighborhood. The project will not significantly impact adjoining residential properties located to the north and west of the site. The carwash building will be sited furthest away from residential uses at the southeast corner of the property. The residential uses to the west will be buffered from the carwash by an approximately 65 ft. separation consisting of a drive aisle, parking lot landscaping, 12 ft. high noise attenuating screen canopy, 10 ft. wide landscape planter, and a 6 ft. high block wall. Residential uses to the north will be buffered from the carwash by a drive aisle and a 5 ft. setback with landscaping. A noise study was submitted indicating compliance with established noise level thresholds. Noise will be attenuated through operational requirements and onsite improvements which include limited operating hours, a perimeter block wall and appropriate building orientation. Additionally, noise emitting mechanical equipment will be enclosed within the building and oriented away from residential properties. Furthermore, the use will be subject to compliance with the City of Huntington Beach Noise Ordinance (Chapter 8.40 Noise Control) and based upon the conditions imposed, potential noise impacts will be mitigated. Lighting will be designed to be directed onto the project site without any spillage onto adjacent properties. The Newland Street driveway is conditioned to require ingress and egress access to alleviate potential queuing conflicts. The project is on a site of a former auto-related use; consequently no significant traffic impacts are anticipated. The project will provide adequate on-site parking and will not present unsafe conditions for pedestrians or vehicular circulation. 2. The conditional use permit will be compatible with surrounding developments because the carwash building will be located on commercially zoned property, formerly occupied by a gas station, in an area containing similar auto-related land uses. The building's architecture is consistent with the surrounding neighborhood by providing appropriate scale through a single story design and appropriate proportion and character through variable facade offsets and harmonious colors and materials. The proposed development, as conditioned, conforms to the design criteria as stipulated within the City's Urban Design Guidelines by siting the building at the street corner, accommodating anticipated circulation patterns between vehicles and pedestrians, improving the driveways to current standards, and minimizing the visibility of mechanical equipment within the carwash tunnel openings. 3. The development will comply with the provisions of the base district and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance, including minimum building setbacks, minimum on-site parking and minimum onsite landscaping, maximum building height and maximum floor area ratio. The proposed car wash use is permitted within the CG (General Commercial) zoning district with approval of a conditional use permit. 4. The granting of the conditional use permit will not adversely affect the General Plan. It is consistent with the Land Use Element designation CG-F1 (General Commercial — 0.35 maximum floor area ratio) on the subject property. In addition, it is consistent with the following goals, objectives and policies of the General Plan: Land Use Element Objective - LU 10.1: Provide for the continuation of existing and the development of a diversity of retail and service commercial uses that are oriented to the needs of local residents. Policy- LU 10.1.4: Require that commercial buildings and sites be designed to achieve a high level of architectural and site layout quality. Policy - LU 10.1.6: Require that commercial projects abutting residential properties adequately protect the residential use from the excessive or incompatible impacts of noise, light, vehicular traffic, visual character, and operational hazards. Policy-LU 10.1.12. Require that commercial uses be designed and developed to achieve a high level of quality, distinctive character, and compatibility with existing uses and development including consideration of: a. Incorporation of site landscape, particularly along street frontages and in parking lots; d. Siting of building to the street frontage to convey a visual relationship to the street and sidewalks; e. Architectural treatment of buildings to minimize visual bulk and mass, using techniques such as the modulation of building volumes and articulation of all elevations. The project is a redevelopment of a former gas station site with a new express carwash facility. The proposed use will redevelop a currently vacant site with a facility that caters to the needs of local residents. The project will not significantly impact the adjoining residential property to the north and west of the site. The carwash building will be sited furthest away from residential uses. The residential uses to the west will be buffered from the carwash by an approximately 65 ft. separation consisting of a drive aisle, parking lot landscaping, 12 ft. high noise attenuating screen canopy, 10 ft. wide landscape planter, and a 6 ft. high block wall. Residential uses to the north will be buffered from the carwash by a drive aisle and a 5 ft. setback with landscaping. The mechanical equipment associated with the carwash will be located inside the building; in addition, the building is oriented so that the carwash tunnel openings do not directly face adjacent residential uses. A noise study prepared by Giroux & Associates on November 6, 2009 identifies that project noise levels will not cumulatively contribute to significant impacts. Lighting will be designed to be directed onto the project site without any spillage on to adjacent properties. Urban Design Element Obiective - UD 1.1: Identify and reinforce a distinctive architectural and environmental image for each district in Huntington Beach. Policy- UD 1.2.1.E. Enhance the connections, where feasible between the public sidewalk and private commercial interior open spaces as described by the Land Use Element by using decorative paving materials. The proposed design of the carwash building will incorporate distinctive architecture which includes variations to the roof height and form, insets and offsets in the building fagade to create enhanced visual relief and break up of building mass, and variations in exterior building treatments. The project will incorporate a connection from the public sidewalk on Warner Avenue and Newland Street by providing clear and identifiable access to the carwash building. Noise Element Obiective - N 1.4: Minimize noise spillover or encroachment from commercial and industrial land uses into adjoining residential neighborhoods or"noise-sensitive" uses. Obiective - N 1.4.3: Require that the parking areas of all commercial and industrial land uses, which abut residential areas, to be buffered and shielded by walls, fences, or adequate landscaping. A noise study prepared by Giroux & Associates on November 6, 2009 identifies that project noise levels will not cumulatively contribute to an increase in levels above established thresholds. Noise will be attenuated through operational requirements and onsite improvements which include limiting the hours of operation (Suggested Condition of Approval No. 4.a), and providing for a perimeter block wall and appropriate building orientation. Additionally, noise emitting mechanical equipment will be enclosed within the building and oriented away from residential properties. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 2009-012: 1. The site plan, floor plans, and elevations received and dated February 26, 2010 shall be the conceptually approved design with the following modifications: a. Landscaped setbacks along both street frontages shall incorporate mounding, shrubbery and enhanced vertical elements to enhance the aesthetics of the site and provide for additional screening at the openings to the carwash tunnel and interior mechanical equipment. b. The Recovery and Collection Hydro-Carbons area located at the northwest corner of the site shall provide screening to match the adjacent trash enclosure. All screening enclosures shall be compatible and provide materials found in the carwash building. c. Additional trees shall be clustered along the west and north landscaped setback to provide screening of the carwash from view of the adjacent residential buildings. d. The pedestrian access pathway from Warner Avenue to the southwest end of the building shall be removed and the portion within the landscape planter fronting Warner Avenue shall be replaced with a landscaped berm. 2. Prior to submittal for building permits, one set of project plans revised pursuant to Condition of Approval No. 1, shall be submitted for review, approval and inclusion in the entitlement file, to the Planning Department. 3. Prior to building permit final, all existing overhead utilities located along the Newland Street and Warner Avenue frontage shall be undergrounded. This shall include all utilities, including but not limited to telephone, electric, and Cable TV lines. If required, easements shall be quitclaimed and/or granted to the corresponding utility companies. (PW) 4. The use shall comply with the following: a. The hours of operation shall be between the hours of 7 a.m. and 8 p.m. b. The car wash dryer units shall be equipped with a silencer. c. Paging and music system speakers located or being activated outside of the building shall be prohibited. d. Customers shall be cautioned against the creation of unacceptably loud noise during waiting and within the vacuum/wipe off areas by signage posted near this area. Customer noise clearly audible beyond the property line (5 dB or more above ambient) shall be eliminated immediately by staff intervention. 5. Incorporating sustainable or "green" building practices into the design of the proposed structures and associated site improvements is highly encouraged. Sustainable building practices may include (but are not limited to) those recommended by the U.S. Green Building Council's Leadership in Energy and Environmental Design (LEED) Program certification (http://www.usgbc.org/DisplayPage.aspx?CategorvlD=19) or Build It Green's Green Building Guidelines and Rating Systems (hftp://www.builditgreen.orci/index.cfm?fuseaction=quidelines). INDEMNIFICATION AND HOLD HARMLESS CONDITION: The owner of the property which is the subject of this project and the project applicant if different from the property owner, and each of their heirs, successors and assigns, shall defend, indemnify and hold harmless the City of Huntington Beach and its agents, officers, and employees from any claim, action or proceedings, liability cost, including attorney's fees and costs against the City or its agents, officers or employees, to attack, set aside, void or annul any approval of the City, including but not limited to any approval granted by the City Council, Planning Commission, or Design Review Board concerning this project. The City shall promptly notify the applicant of any claim, action or proceeding and should cooperate fully in the defense thereof. the City of Huntington Beach Approving Proceedings by the Huntington Beach Public Financing Authority for the Issuance and Sale of Lease Revenue Bonds to Refund the Outstanding Huntington Beach Public Financing Authority Lease Revenue Bonds, 1997 Series A (Public Facilities Project), and the Outstanding Huntington Beach Public Financing Authority Lease Revenue Bonds, 2000 Series A (Capital Improvement Financing Project), Approving Form and Authorizing Execution of Related Documents and Approving Official Actions." Approved 7-0 6. Public Hearing to consider adopting Fee Resolution No. 2010-33 for revision of the City's FireMed Fee Schedule for Emergency Medical Services. Recommended Action: : Adopt Fee Resolution 2010 - 33, "A Resolutionofhe City Council of the City of Huntington Beach Setting Advanced Life Sort3asic Life Support, Emergency Ambulance Transportation,,,Medications , , Specialized Supply Fees to be Charged by the Fire Department of the Cityuntington Beach," amending Resolutions No. 2009-80',�A,,Resolution of the C. ;Council of the City of Huntington Beach Setting Advanced;Life Support, Basic „ Support, Emergency Ambulance Transportation;°Medications and SpecF \ d Supply Fees to be Charged by the Te Department;of<t#ae City of Huntingt` Beach'." 1) Motion to adopt Reco "xrnn Action vVithout the inclusion of non- resident transportation fees Approved 6-1 (Dwyer No) � 2) Motion to.adopt non=resident�r=ascrtatioo, es. Approved 5-2(E)wyer, Hansen No) „ 7. Pubt c H air ng to'consFder an appeal futhe Planning Commission's F a„ aT o#fc9itioa�,Use Permit (Cl#P) No. 09-012 for construction of ,express service carwash (Newland Carwash), located at 8471 Warner �`< ` Ague (northwest_ ornerof_Warner Avenue and Newland Street). Planning Commissictand Staff Recommended Action Approve'Conditional Use.Permit No. 2009-012 with findings and suggested conditions ofpproval ; 4 Speakers Approved 7-0 8. Public Hearing to consider an appeal of the Planning Commission's approval of Tentative Tract Map No. 17296, Huntington Shorecliffs Mobilehome Park Subdivision located at 20701 Beach Blvd., and deny appeal of Code Requirements. Staff Recommended Action: Approve Tentative Tract Map No. 17296 with findings and suggested conditions of approval (which include Beach Blvd. improvements), and deny the appeal of identified code requirements. 5 Council/Agency Meeting Held:_ An/0 Deferred/Continued to: �,Apiaroved ❑ Conditionally Approved ❑ Denied &CleWSignatu Council Meeting Date: May 3, 2010 Department ID Number: PL 10-014 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Administrator PREPARED BY: Scott Hess, AICP, Director of Planning and Building SUBJECT: Approve Conditional Use Permit No. 09-012 (Appeal of Planning Commission's Approval - Newland Carwash) Statement of Issue: Transmitted for your consideration is an appeal by Larry Kennepohl, of the Planning Commission's approval of Conditional Use Permit No. 2009-012. The application represents a request by Thomas Hwang to construct a 2,336 sq. ft. express service carwash building at 8471 Warner Avenue (northwest corner of Warner Avenue and Newland Street). The Planning Commission and Staff are recommending approval of the request. Financial Impact: Not Applicable. Recommended Action: PLANNING COMMISSION AND STAFF RECOMMENDATION Motion to: "Approve Conditional Use Permit No. 2009-012 with findings and suggested conditions of approval (ATTACHMENT NO. 1)." Planning Commission Action on March 9, 2010: A MOTION WAS MADE BY SCANDURA, SECONDED BY SPEAKER, TO APPROVE CONDITIONAL USE PERMIT NO. 2009-012 WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Speaker, Mantini, Farley, Shier Burnett, Scandura, Livengood, Delgleize NOES: None ABSENT: None ABSTAIN: None MOTION APPROVED Alternative Action(s): The City Council may make the following alternative motions: 1. "Deny Conditional Use Permit No. 2009-012 with findings for denial." 2. "Continue Conditional Use Permit No. 2009-012 and direct staff accordingly." -381- [Item 7e - Page I REQUEST FOR COUNCIL ACTION MEETING DATE: 5/3/2010 DEPARTMENT ID NUMBER: PL 10-014 Analysis: A. PROJECT PROPOSAL: Appellant: Larry Kennepohl, 3423 Starline Drive, Rancho Palos Verdes, CA 90275 Applicant/ Property Owner: Thomas Hwang, 616 Imperial LLC, 1050 E. Anaheim Street, Long Beach, CA 90813 Location: 8471 Warner Avenue, 92647 (northwest corner of Warner Avneue and Newland Street) Conditional Use Permit No. 2009-012 represents a request to permit the construction of an approximately 2,336 sq. ft. express service carwash building and associated site improvements pursuant to Section 211.04 of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO). Associated on-site improvements include new City standard driveways with decorative paving, a noise attenuating canopy at the western vacuum parking area, 13 off-street parking spaces, pedestrian pathways with decorative paving and site landscaping. The hours of operation for the carwash are between 7:00 a.m. and 8 p.m. A maximum of two employees are anticipated to operate the facility by assisting customers with payment, answering any service related questions and to ensure operational efficiency. The project site is a 0.47 acre (approximately 22,500 sq. ft.) undeveloped commercial property, located on the northeast corner of Warner Avenue and Newland Street, in the CG (Commercial General) Zone. The site was formerly used as a gas station. The surrounding neighborhood is developed with residential and commercial uses. B. BACKGROUND: Zoning Administrator Meetings: A public hearing before the Zoning Administrator (ZA) was held on September 23, 2009. The ZA reviewed the applicant's request for an express service carwash building and associated site improvements. Staff presented the project and identified three main issues with regard to circulation, noise, and design. Several members of the public spoke in opposition to the proposed project citing the same concerns that were raised by staff. The applicant spoke in favor of the request and requested a continuance to the October 14, 2009 meeting to address the concerns raised by staff and the public. On October 14, 2009, the applicant requested another continuance to the November 18, 2009 meeting to further refine the design and address the concerns. Item 7. - Page 2 -382- REQUEST FOR COUNCIL ACTION MEETING DATE: 5/3/2010 DEPARTMENT ID NUMBER: PL 10-014 On November 18, 2009, the ZA reviewed the applicant's revised plans. The revised plans resulted in limiting the Newland Street driveway to egress only along with improved on-site circulation controls through specific design and site improvements. The revised design included an angled building orientation sited furthest away from residential uses at the southeast corner of the property. In addition, a 12-foot high noise attenuating screen canopy was introduced along the western edge and noise emitting mechanical equipment (including vacuum apparatus) would be enclosed within the proposed carwash building. The applicant also submitted revised building elevations with materials that showed consistency with the City's Design Guidelines. As a result, staff supported the revised design and layout citing that the concerns raised at previous meetings had been sufficiently addressed. One member of the public, Larry Kennepohl who introduced himself as owner of the express carwash at the southeast corner of Beach Boulevard and Warner Avenue, spoke in opposition to the project. Mr. Kennepohl gave a presentation citing concerns with noise, parking and the overall carwash operation. On November 18, 2009, the ZA conditionally approved the application as recommended by staff. On November 30, 2009, an appeal of the ZA's decision was filed by Mr. Kennepohl (ATTACHMENT NO. 10). The reasons for the appeal include: lack of water recycling, noise study issues, employee parking and vacuum conflicts, carwash tunnel design issues and the site is too small for development. C. PLANNING COMMISSION MEETINGS: The Planning Commission heard the appeal of the proposed project at their meeting on February 9, 2010. The applicant gave verbal testimony in support of the project. The appellant and appellant's two representatives gave verbal testimony in opposition. Testimony in support described the applicant's experience in operating express carwash facilities without operational issues as described by the appellant. Testimony in opposition described concerns with traffic, noise, and that the site is too small to accommodate projected volume of customers. Due to concerns raised at that meeting by the Commission regarding the proposed hours of operation, access, on-site circulation, employee parking, landscaping, and tunnel design the Commission voted to close the public hearing portion of the meeting and continue the item with the applicant's concurrence. The item was continued to the March 9, 2010 Planning Commission meeting to allow the applicant adequate time to address the concerns and revise the site plan. The Planning Commission heard the appeal of the proposed project at their continued meeting on March 9, 2010. Staff gave a presentation on the issues that were raised and no new public comments were allowed as part of the record. Staff's analyses of the project and the appeal is summarized in the Planning Commission Staff Reports dated February 9, 2010 and March 9, 2010 (ATTACHMENT NOS. 5 & 6). The Planning Commission unanimously approved the applicant's request with findings and suggested conditions of approval as recommended by staff (ATTACHMENT NO. 9). -383- Item 7. - Page 3 REQUEST FOR COUNCIL ACTION MEETING DATE: 5/3/2010 DEPARTMENT ID NUMBER: PL 10-014 D. APPEAL: On March 18, 2010, Larry Kennepohl, the Appellant, filed an appeal of the Planning Commission's approval of the proposed project (ATTACHMENT NO. 2). The reasons for the appeal include: carwash tunnel ingress and egress issues, on-site circulation issues, the site is too small for development, and lack of opportunity for further public comments. The appeal letter describes the carwash tunnel as being too long and does not allow sufficient space for vehicles to properly enter and exit the tunnel. Staff has analyzed the building and site alignment along with anticipated circulation patterns. The City does not regulate the length of the proposed tunnel, but does take into account the circulation, safety and turning radius as a result of site design. As a result of comments by the Planning Commission, the applicant had shortened the tunnel by 2 ft. 9 in. at the exit to allow for a more gradual turning radius out of the tunnel exiting area. This modified plan was approved by the Planning Commission (ATTACHMENT NO. 4). Staff supports the Planning Commission recommendation and does not anticipate an issue with tunnel ingress and egress. The appeal letter suggests that a "bottleneck" circulation conflict will occur at the Warner Avenue driveway. The site plan provides an internal clockwise circulation pattern that allows for ingress/egress off of Warner Avenue and egress only onto Newland Street. An entering automobile would head north and enter the carwash queuing lane defined by a directional sign, paint on pavement and separated by raised pavement markers (RPM's). Once an auto is at the exit of the tunnel, an anti-collision devise would monitor subsequent autos within the tunnel and automatically stop the conveyor if an exiting car has not safely left the exiting area. At this point, the customer may exit the site via Warner Avenue egress or park in one of the customer parking spaces for vacuuming. If finished vacuuming, a customer may leave the site by heading south and exiting via Warner Avenue; or heading north and then east via the exit only to Newland Street. The exit lane is defined by a directional sign, paint on pavement and separated from the carwash queuing lane by RMP's. The Departments of Fire and Public Works (including Traffic Engineering) has reviewed this design and finds it acceptable. This plan was approved by the Planning Commission and staff does not anticipate a "bottleneck" issue to occur at or near the Warner Avenue driveway. The appeal letter asserts that the site is too small to accommodate the project. The project site is approximately 22,500 sq. ft. and meets the minimum lot size of 10,000 sq. ft. for nonresidential commercial development per Chapter 211.06 of the HBZSO. Currently, the City has three other express carwash facilities with lot sizes that range from approximately 17,805 sq. ft. to 25, 040 sq. ft. In addition, the applicant has stated that he operates two facilities in the City of Long Beach with lot sizes of 13,500 sq. ft. and 9,900 sq. ft. The project, as proposed, complies with applicable provisions of the CG (Commercial General) zoning designation, including maximum building height, minimum building setbacks, maximum floor area ratio, minimum site landscaping, minimum parking requirements, and minimum lot size. In addition, the project will provide adequate on-site parking to accommodate customers and employees and will not present unsafe conditions for Item 7. - Page 4 -384- REQUEST FOR COUNCIL ACTION MEETING DATE: 5/3/2010 DEPARTMENT ID NUMBER: PL 10-014 pedestrians or vehicular circulation. The Planning Commission approved the project and staff does not anticipate an issue with the size of the site. Lastly, the appeal letter describes that the Appellant and neighboring property owner were unable to present new information and complete their comments at the March 9, 2010 Planning Commission meeting. Public comments by the Appellant and members of the public were received at the February 9, 2010 Planning Commission meeting. Afterwards, the Chair "closed" the public hearing and went on to Commission questions and deliberation. Due to issues raised, the item was continued to the March 9, 2010 Planning Commission meeting to allow the applicant adequate time to revise the site plan. At the March 9, 2010 meeting, the "closed" public hearing resumed and staff gave a presentation on the issues that were raised. Staff finds that the Appellant and members of the public had adequate opportunity to comment. E. STAFF ANALYSIS AND RECOMMENDATION: In addition to the appeal analysis, a complete overview of Conditional Use Permit No. 2009- 012 is provided in the Planning Commission staff reports dated February 9, 2010 and March 9, 2010 (ATTACHMENT NOS. 5 & 6). The project furthers the General Plan goals and polices which encourages redevelopment of a currently vacant site with a facility that caters to the needs of local residents. The proposed project will be compatible with the surrounding land uses and will not significantly impact the adjoining residential property to the north and west of the site. Potential noise will be attenuated through operational requirements and onsite improvements which include limited operating hours, a perimeter block wall, a noise attenuating canopy, and appropriate building orientation. The project will provide adequate on-site parking and will not present unsafe conditions for pedestrians or vehicular circulation. No potential circulation impacts are anticipated. The proposed project complies with all applicable zoning regulations including maximum building height, minimum building setbacks, maximum floor area ratio, minimum site landscaping, and minimum parking requirements. Environmental Status: The proposed project is Categorically Exempt pursuant to Section 15303 of the California Environmental Quality Act, because the proposed project consists of the construction of a new commercial building with less than 10,000 square feet of floor area not involving significant amounts of hazardous substances on a site where public services and facilities are available and the surrounding area is not environmentally sensitive. Strategic Plan Goal: Enhance economic development. The project furthers the General Plan goals and polices which encourages redevelopment of a currently vacant site with a facility that caters to the needs of local residents. -385- Item 7® - Page 5 REQUEST FOR COUNCIL ACTION MEETING DATE: 5/3/2010 DEPARTMENT ID NUMBER: PL 10-014 Attachrnent(s): Descriptioh 1. Suaaested Findings for Approval — Conditional Use Permit No. 2009-012 2. Appeal Letter from Larry Kennepohl dated and received March 18, 2010 3. Project Narrative received March 2, 2010 4. Site Plan received November 13, 2009 5. Planning Commission Staff Report dated March 9, 2010 6. Planning Commission Staff Report dated February 9, 2010 7. Draft Minutes of March 9, 2010 Planning Commission Meeting 8. Draft Minutes of February 9, 2010 Planning Commission Meeting 9. Planning Commission Notice of Action dated March 10, 2010 — Conditional Use Permit No. 2009-012 10. Planning Commission Notice of Action dated February 10, 2010 — Conditional Use Permit No. 2009-012 11. Zoning Administrator Notice of Action dated November 19, 2009 - Conditional Use Permit No. 2009-012 12. PowerPoint Presentation Slides Item 7. - Page 6 -386- ATTACHMENT #1 ATTACHMENT NO. 1 SUGGESTED FINDINGS AND CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 2009-012 SUGGESTED FINDINGS FOR PROJECTS EXEMPT FROM CEQA: The Planning Commission finds that the project will not have any significant effect on the environment and is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to section 15301 of the CEQA Guidelines, because the proposed project consists of an addition of less than 10,000 sq. ft. of floor area to existing structures on a site where public services and facilities area available and the surrounding area is not environmentally sensitive. SUGGESTED FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 2009-012: 1. Conditional Use Permit No. 2009-012 to permit the redevelopment of a former gas station site with the construction of an approximately 2,336 sq. ft. express carwash building and associated site improvements will not be detrimental to the general welfare of persons working or residing in the vicinity or detrimental to the value of the property and improvements in the neighborhood. The project will not significantly impact adjoining residential properties located to the north and west of the site. The carwash building will be sited furthest away from residential uses at the southeast corner of the property. The residential uses to the west will be buffered from the carwash by an approximately 65 ft. separation consisting of a drive aisle, parking lot landscaping, 12 ft. high noise attenuating screen canopy, 10 ft. wide landscape planter, and a 6 ft. high block wall. Residential uses to the north will be buffered from the carwash by a drive aisle and a 5 ft. setback with landscaping. A noise study was submitted indicating compliance with established noise level thresholds. Noise will be attenuated through operational requirements and onsite improvements which include limited operating hours, a perimeter block wall and appropriate building orientation. Additionally, noise emitting mechanical equipment will be enclosed within the building and oriented away from residential properties. Furthermore, the use will be subject to compliance with the City of Huntington Beach Noise Ordinance (Chapter 8.40 Noise Control) and based upon the conditions imposed, potential noise impacts will be mitigated. Lighting will be designed to be directed onto the project site without any spillage onto adjacent properties. The Newland Street driveway is conditioned to require ingress and egress access to alleviate potential queuing conflicts. The project is on a site of a former auto-related use; consequently no significant traffic impacts are anticipated. The project will provide adequate on-site parking and will not present unsafe conditions for pedestrians or vehicular circulation. 2. The conditional use permit will be compatible with surrounding developments because the carwash building will be located on commercially zoned property, formerly occupied by a gas station, in an area containing similar auto-related land uses. The building's architecture is consistent with the surrounding neighborhood by providing appropriate scale through a single story design and appropriate proportion and character through variable facade offsets and harmonious colors and materials. The proposed development, as conditioned, conforms to the design criteria as stipulated within the City's Urban Design Guidelines by siting the building at the street corner, accommodating anticipated circulation patterns between Attachment 1.1 Item 7. - Page 8 -388- vehicles and pedestrians, improving the driveways to current standards, and minimizing the visibility of mechanical equipment within the carwash tunnel openings. 3. The development will comply with the provisions of the base district and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance, including minimum building setbacks, minimum on-site parking and minimum onsite landscaping, maximum building height and maximum floor area ratio. The proposed car wash use is permitted within the CG (General Commercial) zoning district with approval of a conditional use permit. 4. The granting of the conditional use permit will not adversely affect the General Plan. It is consistent with the Land Use Element designation CG-F1 (General Commercial — 0.35 maximum floor area ratio) on the subject property. In addition, it is consistent with the following goals, objectives and policies of the General Plan: Land Use Element Obiective - LU 10.1: Provide for the continuation of existing and the development of a diversity of retail and service commercial uses that are oriented to the needs of local residents. Policy - LU 10.1.4: Require that commercial buildings and sites be designed to achieve a high level of architectural and site layout quality. Policy - LU 10.1.6: Require that commercial projects abutting residential properties adequately protect the residential use from the excessive or incompatible impacts of noise, light, vehicular traffic, visual character, and operational hazards. Policy- LU 10.1.12. Require that commercial uses be designed and developed to achieve a high level of quality, distinctive character, and compatibility with existing uses and development including consideration of: a. Incorporation of site landscape, particularly along street frontages and in parking lots; d. Siting of building to the street frontage to convey a visual relationship to the street and sidewalks; e. Architectural treatment of buildings to minimize visual bulk and mass, using techniques such as the modulation of building volumes and articulation of all elevations. The project is a redevelopment of a former gas station site with a new express carwash facility. The proposed use will redevelop a currently vacant site with a facility that caters to the needs of local residents. The project will not significantly impact the adjoining residential property to the north and west of the site. The carwash building will be sited furthest away from residential uses. The residential uses to the west will be buffered from the carwash by an approximately 65 ft. separation consisting of a drive aisle, parking lot landscaping, 12 ft. high noise attenuating screen canopy, 10 ft. wide landscape planter, and a 6 ft. high block wall. Residential uses to the north will be buffered from the carwash by a drive aisle and a 5 ft. setback with landscaping. The mechanical equipment associated with the carwash will be located inside the building; in addition, the building is oriented so that the carwash tunnel openings do not directly face adjacent residential uses. A noise study prepared by Giroux & Associates on November 6, 2009 identifies that project noise levels will not cumulatively Attachment 1.2 -389- Item 7e - Page 9 contribute to significant impacts. Lighting will be designed to be directed onto the project site without any spillage on to adjacent properties. Urban Design Element Obiective - UD 1.1: Identify and reinforce a distinctive architectural and environmental image for each district in Huntington Beach. Policy - UD 1.2.1.E: Enhance the connections, where feasible between the public sidewalk and private commercial interior open spaces as described by the Land Use Element by using decorative paving materials. The proposed design of the carwash building will incorporate distinctive architecture which includes variations to the roof height and form, insets and offsets in the building fagade to create enhanced visual relief and break up of building mass, and variations in exterior building treatments. The project will incorporate a connection from the public sidewalk on Warner Avenue and Newland Street by providing clear and identifiable access to the carwash building. Noise Element Obiective - N 1.4: Minimize noise spillover or encroachment from commercial and industrial land uses into adjoining residential neighborhoods or"noise-sensitive" uses. Objective - N 1.4.3: Require that the parking areas of all commercial and industrial land uses, which abut residential areas, to be buffered and shielded by walls, fences, or adequate landscaping. A noise study prepared by Giroux & Associates on November 6, 2009 identifies that project noise levels will not cumulatively contribute to an increase in levels above established thresholds. Noise will be attenuated through operational requirements and onsite improvements which include limiting the hours of operation (Suggested Condition of Approval No. 4.a), and providing for a perimeter block wall and appropriate building orientation. Additionally, noise emitting mechanical equipment will be enclosed within the building and oriented away from residential properties. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 2009-012: 1. The site plan, floor plans, and elevations received and dated February 26, 2010 shall be the conceptually approved design with the following modifications: a. Landscaped setbacks along both street frontages shall incorporate mounding, shrubbery and enhanced vertical elements to enhance the aesthetics of the 'site and provide for additional screening at the openings to the carwash tunnel and interior mechanical equipment. b. The Recovery and Collection Hydro-Carbons area located at the northwest corner of the site shall provide screening to match the adjacent trash enclosure. All screening enclosures shall be compatible and provide materials found in the carwash building. Attachment 1.3 Item 7. a Page 10 -390- c. Additional trees shall be clustered along the west and north landscaped setback to provide screening of the carwash from view of the adjacent residential buildings. d. The pedestrian access pathway from Warner Avenue to the southwest end of the building shall be removed and the portion within the landscape planter fronting Warner Avenue shall be replaced with a landscaped berm. 2. Prior to submittal for building permits, one set of project plans revised pursuant to Condition of Approval No. 1, shall be submitted for review, approval and inclusion in the entitlement file, to the Planning Department. 3. Prior to building permit final, all existing overhead utilities located along the Newland Street and Warner Avenue frontage shall be undergrounded. This shall include all utilities, including but not limited to telephone, electric, and Cable TV lines. If required, easements shall be quitclaimed and/or granted to the corresponding utility companies. (PW) 4. The use shall comply with the following: a. The hours of operation shall be between the hours of 7 a.m. and 8 p.m. b. The car wash dryer units shall be equipped with a silencer. c. Paging and music system speakers located or being activated outside of the building shall be prohibited. d. Customers shall be cautioned against the creation of unacceptably loud noise during waiting and within the vacuum/wipe off areas by signage posted near this area. Customer noise clearly audible beyond the property line (5 dB or more above ambient) shall be eliminated immediately by staff intervention. 5. Incorporating sustainable or "green" building practices into the design of the proposed structures and associated site improvements is highly encouraged. Sustainable building practices may include (but are not limited to) those recommended by the U.S. Green Building Council's Leadership in Energy and Environmental Design (LEED) Program certification (httr)://www.us bc.org/DisolayPage.as x?Category LD=19) or Build It Green's Green Building Guidelines and Rating Systems (httr)://www.builditareen.orq/index.cfm?fuseaction=ggidelines). INDEMNIFICATION AND HOLD HARMLESS CONDITION: The owner of the property which is the subject of this project and the project applicant if different from the property owner, and each of their heirs, successors and assigns, shall defend, indemnify and hold harmless the City of Huntington Beach and its agents, officers, and employees from any claim, action or proceedings, liability cost, including attorney's fees and costs against the City or its agents, officers or employees, to attack, set aside, void or annul any approval of the City, including but not limited to any approval granted by the City Council, Planning Commission, or Design Review Board concerning this project. The City shall promptly notify the applicant of any claim, action or proceeding and should cooperate fully in the defense thereof. Attachment 1.4 -391- Item 7. - Page 11 ATTAC H M E N T #2 2010 MAR 18 AM If: 22 HU1-141TH 3 fJf �`�`t March 18, 2010 �toc it Att: Joan Flynn, City Clerk City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 Re: Conditional Use Permit No. 9002-012 (Newland Carwash). Notice of Appeal Name and address of appellant: Larry Kennepohl 3423 Starline Drive Rancho Palos Verdes, CA 90275 Decision being appealed: Notice of Action, Conditional Use Permit No 09-012, dated March 9, 2010, granting approval for the construction of the Newland Carwash. Reason(s) for appeal- 1. Carwash tunnel is too long and does not allow sufficient space for vehicles to properly enter and exit the tunnel. 2. The site plan creates a bottleneck at the driveway on Warner between the vehicles exiting the tunnel and vehicles entering the wash. 3. The site is too small for the projected business. On high volume days the express wash will wash over 600 cars. The majority will be washed between 9:30am and 3:30pm. This will be well over 100 cars per hour. The wash can process at most 60 cars per hour. This will cause waiting customers to line up on Warner waiting to enter the wash and impede traffic on the corner of Warner and Newland. -393- Stern 70 - Page 13 5 4. At the February 9, 2010 Planning Commission meeting the Commission voted to continue the consideration of the Appeal until the March 9, 2010 meeting. At that meeting the Planning Commission did not open the meeting for further public comments and as a result the Appellant and the neighboring property owner were unable to present new information and complete their comments on the project. Si c ly, Larry ennep I Item 7. - Page 14 -394- ATTAC H M E N T #3 Project Description for Express Car Wash -` =a' 022010 At 8471 Warner Avenue As you all know we are proposing a car wash to be built at 8471 Warner Avenue. The issues that have been brought up by the appellant have been addressed by staff as well as myself and my architect. We have come up with the following changes: We have reduced the length of the building to ensure that there is enough space for adequate turning when exiting the car wash tunnel. Though the prior plans were sufficient, we decided to shorten the length of the tunnel. The appellant has brought up the issue of the rails in respect to the turning radius and I assure you that we have addressed this issue. It makes no sense for us to build a car wash that is difficult to use. If there is issues with entering and exiting the building, not many customers would return. As I have stated before, we have another car wash with similar dimensions in terms of turning radius and have not had problems. In terms of the noise impacts for the residents that surround the site, we have all decided to place more landscaping, specifically trees, on the northern part of the site. We are also going to be placing a canopy at the western part of the site to help with any noise issues. We have also placed a few dedicated employee parking spaces on the west to reduce the potential noise impacts. The vacuum stations that are on the property are not freestanding vacuums that produce a lot of noise. We have one central vacuum producer which will be located inside the building. The stations are connected via tubing that is located underground. The only noise that is created is the sound of air that is being sucked into the nozzles, not any noise from the vacuum motor. Another way we are proposing to keep the noise down is to have employees on site to ensure that customer's radios are turned down. We will also have signs stating this as well stationed throughout the vacuum area. Which brings us to another issue namely circulation of the property. We are proposing signs, not only for the noise, but also to help with circulation. The driveway on Newland will have signs denoting that it is only and exit. We will have signs on Newland to ensure that customers enter using the Warner Avenue driveway. We will also be hanging signs denoting the exits at both Warner and Newland. There will also be signs marking the entrance to the car wash. We also will be delineating the traffic patterns using raised pavement markers as suggested by staff, clearly marking the entrance to the car wash tunnel as well as the exit lane to Newland. At the exit of the car wash, we will install an anti-collision module. This sensor is placed underground and prevents cars from hitting one another by turning off the whole car wash. This is a fairly common addition to the car wash equipment and we were planning on using one even before the appellant mentioned it as we already have it installed in our other washes. Also at the exit we will have a wall and the landscaping has a berm to protect the cars from traveling onto Warner directly from the car wash. In the 4 years I have been operating a car wash, I have never had a customer slam on the accelerator like the appellant has at his car wash. Item 7. - Page 16 -396- ATTACHMENT #4 T STORY APTS .......... ......... ...._..._....__..._.._.__._.._.__...._. .. _................... NEw ADA OR-wn'PER STD—I t ESOZ F�12" BRICK PAVERS OVER FLEXBASE 6 LANDSCAPE TREE SHRUB TYPE,SIZE AND QUANTITY ARE DEFERRED ITEM ( r)PRE35 GR STAMPED TSDO PSI CONCRETE ..... ................. ......... ....... INTS-ITN DRT SHAKE COLORED MORTAR' - ISC BRCbM FINISHED OR SALT SNAKE WITH ALUM OXIDE POST SIGNS /OR SILICONE CARBIDE SPARKLINGS, I RYN 4 NVT yM O 16T I.NIE � ON LOCATI P.C. 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SECTION SHEET d A-lg e i.e ATTACHMENT #5 i FF �rd.,All,- - VI i T TO: Planning Commission FROM: Scott Hess, A1CP,Director of Planning and Building BY: Ethan Edwards, AICP,Associate Planner DATE: March 9, 2010 SUBJECT: APPEAL OF ZONING ADMINISTRATOR'S APPROVAL OF CONDITIONAL USE PERMIT NO. 09-012 (NEWLAND CARWASH — CONTINUED FROM THE FEBRUARY 9, 2010 MEETING WITH THE PUBLIC HEARING CLOSED) APPELLANT: Larry Kennepohl, 3423 Starline Drive,Rancho Palos Verdes, CA 90275 APPLICANT/ PROPERTY OWNER: Thomas Hwang, 616 Imperial LLC, 1050 E. Anaheim Street, Long Beach, CA 90813 LOCATION: 8471 Warner Avenue, 92647 (northwest corner of Warner Avneue and Newland Street) PROJECT PROPOSAL: The Planning Commission heard the appeal of the proposed project at their meeting on February 9, 2010. Due to concerns raised at that meeting by the Commission regarding the proposed hours of operation, access, on-site circulation, employee parking, landscaping, and tunnel design the Commission voted to continue the item with the applicant's concurrence. The item was continued to the March 9, 2010 Planning Commission meeting to allow the applicant adequate time to address the concerns raised and revise the site plan. The applicant has alsb submitted a revised project narrative to further address the concerns raised at the February 9, 2010 meeting (Attachment No. 3). The following are issues that were raised at the February 9, 2010 Planning Commission meeting and an analysis of each for the Commission's consideration: Hours of Operation: The proposed daily hours of operation from 7:00 a.m. to 8 p.m. was discussed by the Commission. The Commission considered revising the operating hours to 8:00 a.m. and 7 p.m. to reduce any potential impacts to the adjacent residential uses. To address the issue of noise, the applicant had a noise study prepared by Giroux & Associates on November 6, 2009. The study identifies that project noise levels will not cumulatively contribute to an increase in levels above established thresholds given the proposed hours of operation between 7:00 a.m. and 8 p.m. In addition, potential noise impacts will be attenuated through operational requirements and onsite improvements which include the proposed operating hours, an xisting 6 ft. perimeter block wall and appropriate building orientation. Also, noise emitting mechanical equipment will be enclosed within the building and oriented away from the residential properties. Item 7. - Page 20 -400- #B_1 Furthermore, the use is required to comply with the City of Huntington Beach Noise Ordinance (Chapter 8.40 Noise Control). Based on the design and site improvements along with the suggested conditions of approval, staff determined that potential noise impacts will be mitigated and the proposed hours of operation are appropriate. Site Plan/Circulation: The following issues were raised by the Commission regarding the site plan layout as well as issues regarding the on-site circulation. An issue by issue analysis is provided in response to each issue raised: On-Site Access: The issue of circulation and potential conflicts was expressed by the Commission. The applicant has submitted a revised site plan that provides an internal clockwise circulation pattern that allows for ingress/egress off of Warner Avenue and egress only onto Newland Street. An entering automobile would head north and enter the carwash queuing lane defined by a directional sign, paint on pavement and separated by raised pavement markers (RPM's). Once an automobile enters the tunnel, rail actuators would help align and guide the auto into and through the carwash tunnel. Once an auto is at the exit of the tunnel, an anti-collision devise would monitor subsequent autos within the tunnel and automatically stop the conveyor if an exiting car has not left the exiting area. The car wash exit turning radius was reviewed by staff and found to be adequate. At this point, the customer may exit the site via Warner Avenue egress or park in one of the customer parking spaces for vacuuming. Once finished vacuuming, a customer may leave the site by heading south and exiting via Warner Avenue; or heading north and then east via the exit only to Newland Street. The exit lane is defined by a directional sign, paint on pavement and separated from the car wash queuing lane by RMP's. Fire Access: The Fire Department worked with the applicant in modifying the site plan to ensure that emergency response vehicles can safely enter off of Newland Street or Warner Avenue and circulate through the site without having to back-up. The revised site plan provides the necessary 45 ft. and 17 ft. on-center turning radius as required by the Fire Department. Newland Access: The Newland Street driveway has been reduced from 30 ft. to 20 ft. limiting ingress accessibility and "Exit Only" signs will be posted. The revised driveway design and new signage will assist to discourage cars from accessing the site from Newland Ave. The Departments of Fire and Public Works(]including Traffic Engineering) has reviewed this design and finds it acceptable. On-Site Signs: Additional signs are proposed to assist with coordinating safe and efficient on-site circulation, define employee and ADA parking, and control noise. Directional signs will be used to identify a thru traffic lane to Newland Street, to identify that no parking is allowed in this lane and another to deter ingress off of Newland. Other signs will be used to identify the carwash tunnel queuing lane, PC Staff Report—03/09/10 _401- 10sr26 CUP 09-012 Item 7. a Page 21 the prohibition of radios, and clearly mark ADA and employee parking. Lastly, a sign will be posted indicating that the property is monitored by video security. Tunnel Design: A concern was raised regarding the carwash tunnel as being too long and does not allow sufficient space for vehicles to properly enter and exit the tunnel. Staff has analyzed the building and site alignment along with anticipated circulation patterns. The City does not regulate the length of the proposed tunnel, but does take into account the circulation, safety and turning radius as a result of site design. As a result, the applicant has shortened the tunnel by 2 ft. 9 in. at the exit to allow for a more gradual turning radius out of the tunnel exiting area. Staff does not anticipate an issue with tunnel ingress and egress. Potential Pedestrian Conflicts: Lastly, Suggested Condition of Approval No. Ld. proposes to eliminate the pedestrian access between Warner Avenue and the carwash building in an effort to eliminate any potential conflicts between exiting automobiles and pedestrians. The pedestrian access between the carwash building and Newland Street will remain. Staff supports this modification as it eliminates a potential pedestrian/automobile conflict. Employee Parking: A concern was raised regarding the lack of employee parking that could result in employees parking off-site to accommodate customers. The HBZSO requires a minimum of 10 parking spaces for such carwash facilities. The minimum parking requirement factors employee and customer demand_ As a result the spaces may be used by employees and customers (or both). The previous site plan included 12 parking spaces, each vacuum accessible that could be used by customers, employees or both. The current site plan includes 13 parking spaces in which 10 are vacuum accessible, and three (3) would be dedicated for employee parking only as regulated and marked with appropriate "Employee Parking Only." In addition, the 3 employee designated parking spaces (non-vacuum spaces) have been-loeated--along the-west side of the site to ,further reduce any potential noise impacts to the adjacent residential properties. Staff has analyzed the parking requirement and has found that the site has more than adequate parking and supports the modified site plan indicating dedicated employee parking. Blockwall/Landscaping: The Commission discussed increasing the height-of the north and west property line blockwall. In addition, they discussed providing additional landscaping to help screen the carwash from view of adjacent residential buildings. The applicant has expressed his willingness to increase the blockwall from 6 ft. up to 8 ft. However, to do this the existing wall would have to be demolished and re-engineered to be built at an 8 ft. height. In addition, the applicant indicates the wall may or may not be under their ownership. This would have to be verified before the wall could be re- built. Also, staff has found that increasing the height of the wall may decrease the adjacent resident's visual perspective and enjoyment of light, air and ventilation. The adjacent residential buildings are located at the minimum side yard setback (approximately S ft.) and increasing the height of the blockwall may create a canyon effect as well as a feeling of being enclosed. To Item 7. - Page 22)9110 _402_ 1 Osi26 CUP 09-012(Newland Carwash) address the additional landscaping, the applicant has agreed to increase the amount of trees within the north and west landscape planter as shown in the current site plan. Suggested Condition of t Approval No. I.e. further defines the intent to screen and requires the applicant to cluster trees to provide the best possible screening of the carwash. Staff does not recommend increasing the height of the blockwall, although we do support the increase and clustering of landscaping to provide better screening. Based on the revisions to the site plan and the operational adjustments proposed by the applicant, staff is recommending approval of the proposed project. RECOMMENDATION Motion to: A. "Approve Conditional Use Permit No. 09-012 with findings and modified conditions of approval (Attachment No. 1)." ALTERNATIVE ACTION(S): The Planning Commission may take alternative actions such as: A. "Deny Conditional Use Permit No. 09-012 with findings for denial." B. "Continue Conditional Use Permit No. 09-012 and direct staff accordingly." ATTACHMENTS: 1. Suggested Findings and Conditions of Approval—Conditional Use Permit No. 09-012 2. Site plan received February 26, 2010 3. Revised project description received March 2, 2010 4. Planning Commission Staff Report dated February 9, 2010 SH:HF:EE:lw PC Staff Report—03/09/10 -403- 1 Osr26 CUP 09-012 Item 7. - Page 23 ATTACHMENT NO. 1 SUGGESTED FINDINGS AND CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO.2009-012 SUGGESTED FINDINGS FOR PROJECTS EXEMPT FROM CEQA: The Planning Commission finds that the project will not have any significant effect on the environment and is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to section 15301 of the CEQA Guidelines, because the proposed project consists of an addition of less than 10,000 sq. ft. of floor area to existing structures on a site where public services and facilities area available and the surrounding area is not environmentally sensitive. SUGGESTED FINDINGS FOR APPROVAL- CONDITIONAL USE PERMIT NO. 2009-012: 1. Conditional Use Permit No. 2009-012 to permit the redevelopment of a former gas station site with the construction of an approximately 2,336 sq. ft. express carwash building and associated site improvements will not be detrimental to the general welfare of persons working or residing in the vicinity or detrimental to the value of the property and improvements in the neighborhood. The project will not significantly impact adjoining residential properties located to the north and west of the site. The carwash building will be sited furthest away from residential uses at the southeast corner of the property. The residential uses to the west will be buffered from the carwash by an approximately 65 ft. separation consisting of a drive aisle, parking lot Iandscaping, 12 ft. high noise attenuating screen canopy, 10 ft. wide landscape planter, and a 6 ft. high block wall. Residential uses to the north will be buffered from the carwash by a drive aisle and a 5 ft. setback with landscaping. A noise study was submitted indicating compliance with established noise level thresholds. Noise will be attenuated through operational requirements and onsite improvements which include limited operating hours, a perimeter block wall and appropriate building orientation. Additionally, noise emitting mechanical equipment will be enclosed within the building and oriented away from residential properties. Furthermore, the use will be subject to compliance with the City of Huntington Beach Noise Ordinance (Chapter 8.40 Noise Control) and based upon the conditions imposed, potential noise impacts will be mitigated. Lighting will be designed to be directed onto the project site without any spillage onto adjacent properties. The Newland Street driveway is conditioned to require ingress and egress access to alleviate potential queuing conflicts. The project is on a site of a former auto-related use; consequently no significant traffic impacts are anticipated. The project will provide adequate on-site parking and will not present unsafe conditions for pedestrians or vehicular circulation. 2. The conditional use permit will be compatible with surrounding developments because the carwash building will be located on commercially zoned property, formerly occupied by a gas station, in an area containing similar auto-related land uses. The building's architecture is consistent with the surrounding neighborhood by providing appropriate scale through a single story design and appropriate proportion and character through variable fa4ade offsets and harmonious colors and materials. "The proposed development, as conditioned, conforms to the design criteria as stipulated Item 7. - Page 2409110 -404- Attachment No. 1.1 within the City's Urban Design Guidelines by siting the building at the street corner, accommodating anticipated circulation patterns between vehicles and pedestrians, improving the driveways to current ' standards, and minimizing the visibility of mechanical equipment within the carwash tunnel openings. 3. The development will comply with the provisions of the base district and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance, including minimum building setbacks, minimum on-site parking and minimum onsite landscaping, maximum building height and maximum floor area ratio. The proposed car wash use is permitted within the CG (General Commercial)zoning district with approval of a conditional use permit. 4. The granting of the conditional use permit will not adversely affect the General Plan. It is consistent with the Land Use Element designation CG-FI (General Commercial -- 0.35 maximum floor area ratio) on the subject property. In addition, it is consistent with the following goals, objectives and policies of the General Plan: Land Use Element Obiective - LU 10.1: Provide for the continuation of existing and the development of a diversity of retail and service commercial uses that are oriented to the needs of local residents. Policy - LU 10.1.4: Require that commercial buildings and sites be designed to achieve a high level of architectural and site layout quality. Policy - LU 10.1.6: Require that commercial projects abutting residential properties adequately protect the residential use from the excessive or incompatible impacts of noise, light, vehicular traffic, visual character, and operational hazards. Policy -LU 10.1.12: Require that commercial uses be designed and developed to achieve a high level of quality, distinctive character, and compatibility with existing uses and development including consideration of: a. Incorporation of site landscape,particularly along street frontages and in parking lots; d. Siting of building to the street frontage to convey a visual relationship to the street and sidewalks; e. Architectural treatment of buildings to minimize visual bulk and mass, using techniques such as the modulation of building volumes and articulation of all elevations. The project is a redevelopment of a former gas station site with a new express carwash facility. The proposed use will redevelop a currently vacant site with a facility that caters to the needs of local residents. The project will not significantly impact the adjoining residential property to the north and west of the site. The carwash building will be sited furthest away from residential uses. The residential uses to the west will be buffered from the carwash by an approximately 65 ft. separation consisting of a drive aisle, parking lot landscaping, 12 ft. high noise attenuating screen canopy, 10 ft. wide landscape planter, and a 6 ft. high block wall. Residential uses to the north will be buffered from the carwash by a drive aisle and a 5 ft. setback with landscaping. The mechanical equipment associated with the canvash will be located inside the building; in addition, the building is oriented so that the carwash tunnel openings do not directly face adjacent residential uses. A noise study prepared by Giroux & Associates on November 6, 2009 identifies that project noise levels will not cumulatively PC Staff Report- 3/09/10 -405- Item 7. - Page 25 contribute to significant impacts. Lighting will be designed to be directed onto the project site without any spillage on to adjacent properties. Urban Design Element Objective - UD 1.1: Identify and reinforce a distinctive architectural and environmental image for each district in Huntington Beach. Policy - UD 1.2.I.E. Enhance the connections, where feasible between the public sidewalk and private commercial interior open spaces as described by the Land Use Element by using decorative paving materials. The proposed design of the carwash building will incorporate distinctive architecture which includes variations to the roof height and form, insets and offsets in the building facade to create enhanced visual relief and break up of building mass, and variations in exterior building treatments. The project will incorporate a connection from the public sidewalk on Warner Avenue and Newland Street by providing clear and identifiable access to the carwash building. Noise Element Objective - N 1.4: Minimize noise spillover or encroachment from commercial and industrial land uses into adjoining residential neighborhoods or"noise-sensitive"uses. Obiective - N 1.4.3: Require that the parking areas of all commercial and industrial land uses, which abut residential areas, to be buffered and shielded by walls, fences, or adequate landscaping. A noise study prepared by Giroux & Associates on November 6, 2009 identifies that project noise levels will not cumulatively contribute to an increase in levels above established thresholds. Noise will be attenuated through operational requirements and onsite improvements which include limiting the hours of operation (Suggested Condition of Approval No. 4.a), and providing for a perimeter block wall and appropriate building orientation. Additionally, noise emitting mechanical equipment will be enclosed within the building and oriented away from residential properties. SUGGESTED CONDITIONS OF APPROVAL- CONDITIONAL USE PERMIT NO. 2009-012: 1. The site plan, floor plans, and elevations received and dated February 26, 2010 shall be the conceptually approved design with the following modifications: a. Landscaped setbacks along both street frontages shall incorporate mounding, shrubbery and enhanced vertical elements to enhance the aesthetics of the site and provide for additional screening at the openings to the carwash tunnel and interior mechanical equipment. b. The Recovery and Collection Hydro-Carbons area located at the northwest corner of the site shall provide screening to match the adjacent trash enclosure. All screening enclosures shall be compatible and provide materials found in the carwash building. c. Additional trees shall be clustered along the west and north landscaped setback to provide screening of the carwash from view of the adjacent residential buildings. I)(` (z"f'Fvo^ + - zm9/10 Attachment No, 1.3 Item 7. - Page 26 -406- d. The pedestrian access pathway from Warner Avenue to the southwest end of the building shall be removed and the portion within the landscape planter fronting Warner Avenue shall be replaced with a landscaped berm. 2. Prior to submittal for building permits, one set of project plans revised pursuant to Condition of Approval No. 1, shall be submitted for review, approval and inclusion in the entitlement file, to the Planning Department. 3. Prior to building permit final, all existing overhead utilities located along the Newland Street and Warner Avenue frontage shall be undergrounded. This shall include all utilities, including but not limited to telephone, electric, and Cable TV lines. If required, easements shall be quitclaimed and/or granted to the corresponding utility companies. (PW) 4. The use shall comply with the following: a. The hours of operation shall be between the hours of 7 a.m. and 8 p.m. b. The car wash dryer units shall be equipped with a silencer. c. Paging and music system speakers located or being activated outside of the building shall be prohibited. d. Customers shall be cautioned against the creation of unacceptably loud noise during waiting and within the vacuum/wipe off areas by signage posted near this area. Customer noise clearly audible beyond the property line (5 dB or more above ambient) shall be eliminated immediately by staff intervention. 5. Incorporating sustainable or "green" building practices into the design of the proposed structures and associated site improvements is highly encouraged. Sustainable building practices may include (but are not limited to) those recommended by the U.S. Green Building Council's Leadership in Energy and Environmental Design (LEED) Program certification (http //www us bg c or isplayPage.aspx?Cate>;orvID=19) or Build It Green's Green Building Guidelines and Rating Systems (http://www.builditffeen.orWindex.cfin?fuseaction=guidelines). INDEMNIFICATION AND HOLD HARMLESS CONDITION: The owner of the property which is the subject of this project and the project applicant if different from the property owner, and each of their heirs, successors and assigns, shall defend, indemnify and hold harmless the City of Huntington Beach and its agents, officers, and employees from any claim, action or proceedings, liability cost, including attorney's fees and costs against the City or its agents, officers or employees, to attack, set aside, void or annul any approval of the City, including but not limited to any approval granted by the City Council, Planning Commission, or Design Review Board concerning this project. The City shall promptly notify the applicant of any claim, action or proceeding and should cooperate fully in the defense thereof. A......L._,._..„.Nf- 1 n PC Staff Report— 3/09/10 -407- Item 7. - page 27 6'1 M• 8�%%KMPAYERS SkRUS rMr,SIZE AND ajA�irr ARE DEFERRED NEW ADA DR-WAY PER STO.2..1 ZOO, .....................— 6 O'_, ER FLEXWE . .......... EzS STAmpED PSI CON FILL N 6 WITH DRr cmokro,I,oRr� IN E CONCRETE POST 516N5 Opc,cmF I SALT WITH A 1) I, HIT FE R SILICONE IDE SPARKUNKGES Lw wot;r, LOUT.-r RgH DO,rl- -I - 4..,P ENT 2 FINISHED EXT A AC FAI WALL'U'SHALL IIATNFI A/C URKERS D'ITRI" GAR WASH PAVEMENT Yelp. f RPM'S 111) Fl. 111 2 26" OGM.R.aos m er ucm a rws Puwe 'NEWM I< Rlma 0" MM ..................................................7.......... R t of 2 1 pc I-I -ga"MM.W 8=5 OIL "DO OF'A� Or T-.M AIFF�� —mw" FINE $XXXOP 2 C, ?) 57' 7c IL VENEER —1 IICE CUS 12 -C' ton '10 IS C.ST-eft KING A 7 71� I'4' 7 I -O'l Mu 12 C"I'MER I-P. CURB( 12' SIRE I SIDE C,,STOM CL5Tl"rR < CM ALL V SITE AP F- O4I.y "I.R PC":Up ITREET 40 HAL (HIN) p I'm DECO HALL ONE VENEER STEEL REINFORBUS CED FIED SECTION I TITLE I ST STREET SIDE N PER Ct`XE,.R- 24'RETAINING HALL W CUR Se. C- L INTERLOCKING CONCRETE IGO By OTHER T-11 PRO-OSED FLOI IDN-Sltl�TAN CDLO,'R`E`l',PA,�M5 P I ORW BLOCK-,(OR i&wv "4 'R E A PLAN' 847J WARNER AVE '2' BRICK PAVERS COP,)P'tE., STAMPED . St CONCR --T co FILL JOINTS WITH DRY JA�L)NT I NCTON BEACP 1'-4'1 E I FINISHED 1OLDRED,—AR BRSIT FIN)f OR SALT SHAKE WIN ALUfj OXIDEPC CUR OR "C_E CAREIDE PARICLINGS. DATE IFIN: AND 7 L15 BERIi SECTION SHEET A E 1 Project Description for Express Car Wash tlA R 022010 At 8471 Warner Avenue J C' 1 As you all know we are proposing a car wash to be built at 8471 Warner Avenue. The issues that have been brought up by the appellant have been addressed by staff as well as myself and my architect. We have come up with the following changes: We have reduced the length of the building to ensure that there is enough space for adequate turning when exiting the car wash tunnel. Though the prior plans were sufficient, we decided to shorten the length of the tunnel. The appellant has brought up the issue of the rails in respect to the turning radius and I assure you that we have addressed this issue. It makes no sense for us to build a car wash that is difficult to use. If there is issues with entering and exiting the building, not many customers would return. As I have stated before, we have another car wash with similar dimensions in terms of turning radius and have not had problems. In terms of the noise impacts for the residents that surround the site, we have all decided to place more landscaping, specifically trees, on the northern part of the site. We are also going to be placing a canopy at the western part of the site to help with any noise issues. We have also placed a few dedicated employee parking spaces on the west to reduce the potential noise impacts. The vacuum stations that are on the property are not freestanding vacuums that produce a lot of noise. We have one central vacuum producer which will be located inside the building. The stations are connected via tubing that is located underground. The only noise that is created is the sound of air that is being sucked into the nozzles, not any noise from the vacuum motor. Another way we are proposing to keep the noise down is to have employees on site to ensure that customer's radios are turned down. We will also have signs stating this as well stationed throughout the vacuum area- Which brings us to another issue namely circulation of the property. We are proposing signs, not only for the noise, but also to help with circulation. The driveway on Newland will have signs denoting that it is only and exit. We will have signs on Newland to ensure that customers enter using the Warner Avenue driveway. We will also be hanging signs denoting the exits at both Warner and Newland. There will also be signs marking the entrance to the car wash. We also will be delineating the traffic patterns using raised pavement markers as suggested by staff, clearly marking the entrance to the car wash tunnel as well as the exit lane to Newland. At the exit of the car wash, we will install an anti-collision module. This sensor is placed underground and prevents cars from hitting one another by turning off the whole car wash. This is a fairly common addition to the car wash equipment and we were planning on using one even before the appellant mentioned it as we already have it installed in our other washes. Also at the exit we will have a wall and the landscaping has a berm to protect the cars from traveling onto Warner directly from the car wash. In the 4 years I have been operating a car wash, I have never had a customer slam on the accelerator like the appellant has at his car wash. TTAC- ET Nn- 3 -409- item 7. - Page 29 MlfiI HUNTWGTON TO: Planning Commission - FROM: Scott Hess, AICP, Director of Planning and Building BY: Ethan Edwards,AICP, Associate Planner re-, DATE: February 9, 2010 SUBJECT: APPEAL OF ZONING ADMINISTRATOR'S APPROVAL OF CONDITIONAL USE PERMIT NO. 09-012 AND (NEWLAND CARWASH) APPELLANT: Larry Kennepohl, 3423 Starline Drive, Rancho Palos Verdes, CA 90275 AIPPLICANT/ PROPERTY OWNER: Thomas Hwang, 616 Imperial LLC, 1050 E. Anaheim Street, Long Beach, CA 90813 LOCATION: 8471 Warner Avenue, 92647 (northwest comer of Warner Avneue and Newland Street) STATEMENT OF ISSUE: Conditional Use Permit No. 09-012 request: - To permit the construction of an approximately 2,336 sq. ft. express service carwash building and associated site improvements pursuant to Section 211.04 of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO). Staffs Recommendation: Approve Conditional Use Permit No. 09-012 based upon the following: - The project will not be detrimental to the general welfare of persons working or residing in the vicinity or detrimental to the value of the property and improvements in the neighborhood. - The project will be compatible with surrounding uses. - The project will comply with the provisions of the base district and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance. - The project, as conditioned, furthers General Plan goals and policies. Item 7. - Page 30 -410- r NONEr :�. ■��/mpapdp /I . , INFA MEMOS 0� FAISON ��r��■ •!♦ gN {' - ' :. - _ 'I j` t 'fig •.�, p9p§w ..� ADMINISTRATOR'SVICINITY MAP APPEAL OF ZONING APPROVAL OF CONDITIONAL USE iPERMITWARNER I RECOMMENDATION: x Motion to: A. "Approve Conditional Use Permit No. 09-012 with findings and suggested conditions of approval (Attachment No. 1)." AJLTERNATIVE ACTION(S): The Planning Commission may take alternative actions such as: A. "Deny Conditional Use Permit No. 09-012 with findings for denial." B. "Continue Conditional Use Permit No. 09-012 and direct staff accordingly." PROJECT PROPOSAL: Conditional Use Permit No. 09-012 represents a request to permit the construction of an approximately 2,336 sq. ft. express service carwash building pursuant to Section 211.04 of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO). Associated on-site improvements include new City standard driveways with decorative paving, a noise attenuating canopy at the western vacuum parking area, 12 off- street parking spaces, pedestrian pathways with decorative paving and site landscaping. The hours of operation for the carwash are between 7:00 a.m. and 8 p.m. A maximum of two employees are anticipated to operate the facility by assisting customers with payment, answering any service related questions and to ensure operational efficiency. The project site is a 0.47 acre (approximately 22,500 sq. ft.) undeveloped commercial property, located on the northeast comer of Warner Avenue and Newland Street, in the CG (Commercial General)Zone. The site was formerly used as a gas station. The surrounding neighborhood is developed with residential and commercial uses. Zoning Administrator Actions. A public hearing before the Zoning Administrator (ZA) was held on September 23, 2009. The ZA reviewed the applicant's request for an express service carwash building and associated site improvements. Staff presented the project and identified three main unresolved issues with regard to circulation, noise, and design. The original plans showed building orientation that was parallel with Newland Street. This orientation was found to be problematic because it was unclear how patrons entering off of Newland would safely circulate and enter the carwash tunnel. To address potential noise impacts, the applicant submitted a noise study that adequately addressed noise impacts and showed compliance with the City's Noise Ordinance. Although, the noise study indicated compliance, staff recommended an alternative design or modifying the building orientation to further offset any potential noise impacts to adjacent residential uses. The City's Design Guidelines require consideration of the character of development in the surrounding area and to minimize excessive or incompatible impacts of noise, light, traffic, and visual character. Staff found that the proposed design could be improved by incorporating architectural elements found within the surrounding residential and other commercial developments. As a result, staff did not recornmend approval of the proposed design. Several members of the public spoke in opposition to the proposed project citing some of the same concerns that were PC etgff P ,r -t _ nv)1n9/10 - IOsr19 CLIP 09-012(Newland Canvash) Item 7. - Page 32 -412- raised by staff. The applicant spoke in favor of the request and requested a continuance to the October 14, 2009 meeting. The additional time would permit the applicant an opportunity to address the concerns raised by staff and the public. On October 14, 2009, the applicant requested another continuance to the November 18, 2009 meeting to further refine the design and address the concerns raised. On November 18, 2009, the ZA reviewed the applicant's revised plans. The revised plans resulted in limiting the Newland Street driveway to egress only along with improved on-site circulation controls through specific design and site improvements. The revised design included an angled building orientation sited furthest away from residential uses at the southeast corner of the property. In addition, a 12-foot high noise attenuating screen canopy was introduced along the western edge and noise emitting mechanical equipment (including vacuum apparatus) would be enclosed within the proposed carwash building. The applicant also provided revised elevations and materials board that showed consistency with the City's Design Guidelines and incorporated elements found within nearby residential and commercial buildings. As a result, staff supported the revised design and layout citing that the concerns raised at previous hearings had been sufficiently addressed. One member of the public, Larry Kennepohl who introduced himself as owner of the express car wash at the southeast corner of Beach Boulevard and Warner Avenue (appellant), spoke in opposition to the project. Mr. Kennepohl gave a presentation citing concerns with noise, parking and the car wash operation. On November 18, 2009, the ZA conditionally approved the application as recommended by staff. , eal: On November 30, 2009, an appeal of the ZA's decision was filed by Mr. Kennepohl (Attachment No. 4). The reasons for the appeal include: lack of water recycling, noise study issues, employee parking and vacuum conflicts, carwash tunnel design issues and the site is too small for development. Staff s analyses of the reasons for the appeal are summarized in the Analysis section of this report. Study Session Summary: A question regarding the typical express carwash lot size was raised during the Planning Commission Study Session meeting on "Tuesday, February 24, 2009. The applicant responded during public comments stating that he owns two other express carwash facilities in the City of Long Beach and both have lot sizes smaller than the proposed site. One is located at 1050 E. Anaheim Street and has a lot size of approximately 13,500 sq. ft.; and the other is located at 1625 W. WiIlow Street and has a lot size of approximately 9,900 sq. ft. The City of Huntington Beach currently has three express carwash facilities. One is located at 20012 Beach (southeast corner at Adams) and has a lot size of approximately 22,950 sq. ft.; another at 17042 Beach Boulevard (southeast corner at Warner) and has a lot size of approximately 25,040 sq. ft.; and the third at 19002 Brookhurst Street (southeast corner at Garfield) and has a lot size of approximately 17,805 sq. ft. PC Staff Report—02/09/10 -413- 1 Osr19 CUP 09-012 Item 7. - Page 33 ISSUES: AgbiectfrovenVAn rrounding Land Use- ke And General Flan Desi nations: Subject Property CG-F1 (Commercial x CG(Commercial General) �w Vacant(formerly gas r Genera".35 Max.FAR) station) North&West of the RMH-25(Residential Medium RMH(Residential Medium High Multi-Family Residential Fof o erty Hi Density-25 du/ac) Density) ubject CN-Fl (Neighborhood CG(Commercial General) Commercial across Warner Commercial—0.35 max.FAR) Subject RL-7(Residential Low RL(Residential Low Density) Single-Family Residential cross Newland Density-7 du/ac) General Plan Conformance: The General Plan Land Use Map designation on the subject property is Commercial General. The proposed project is consistent with this designation and the goals and policies of the City's General Plan Land Use, Urban Design, and Noise Elements as follows: Land Use Element Objective - LU 101- Provide for the continuation of existing and the development of a diversity of retail and service commercial uses that are oriented to the needs of local residents. Policy - LU 10.1 4- Require that commercial buildings and sites be designed to achieve a high level of architectural and site layout quality. Policy - LU 10.1 6: Require that commercial projects abutting residential properties adequately protect the residential use from the excessive or incompatible impacts of noise, light, vehicular traffic, visual character, and operational hazards. Policy -LU 10.1 12: Require that commercial uses be designed and developed to achieve a high level of quality, distinctive character, and compatibility with existing uses and development including consideration of a. Incorporation of site landscape, particularly along street frontages and in parking lots; d. Siting of building to the street frontage to convey a visual relationship to the street and sidewalks; e. Architectural treatment of buildings to minimize visual bulk and mass, using techniques such as the modulation of building volumes and articulation of all elevations. The project is a redevelopment of a former gas station site with a new express carwash facility. The proposed use will redevelop a currently vacant site with a facility that caters to the needs of local residents. The project will not significantly impact the adjoining residential property to the north and west of the site_ The carwash building will be sited furthest away from residential uses. The residential uses to the west will be buffered from the carwash by an approximately 65 ft. separation nr e�•fr r�or,. , ,; y�10 l Osr19 CUP 09-012 Newland Canvash) Item 7. - Page 34 -414- consisting of a drive aisle, parking lot landscaping, 12 ft. high noise attenuating screen canopy, 10 ft. wide landscape planter, and a 6 ft. high block wall. Residential uses to the north will be buffered from the carwash by a drive aisle and a 5 ft. setback with landscaping. The mechanical equipment associated with the carwash will be located inside the building; in addition, the building is oriented so that the carwash tunnel openings do not directly face adjacent residential uses. A noise study prepared by Giroux &Associates on November 6, 2009 identifies that project noise levels will not cumulatively contribute to significant impacts. Lighting will be designed to be directed onto the project site without any spillage on to adjacent properties. Urban Design Element Objective - UD 1.1: Identify and reinforce a distinctive architectural and environmental image for each district in Huntington Beach. Policy - UD 1.2.1.E: Enhance the connections, where feasible between the public sidewalk and private commercial interior open spaces as described by the Land Use Element by using decorative paving materials. The proposed design of the carwash building will incorporate distinctive architecture which includes variations to the roof height and form, insets and offsets in the building facade to create enhanced visual relief and break up of building mass, and variations in exterior building treatments. The project will incorporate a connection from the public sidewalk on Warner Avenue and Newland Street by providing clear and identifiable access to the carwash building. Noise Element Objective - N 1.4: Minimize noise spillover or encroachment from commercial and industrial land uses into adjoining residential neighborhoods or"noise-sensitive"uses. Objective - N 1.4.3: Require that the parking areas of all commercial and industrial land uses, which abut residential areas,to be buffered-and shielded by walls, fences, or adequate landscaping. A noise study prepared by Giroux & Associates on November 6, 2009 identifies that project noise levels will not cumulatively contribute to an increase in levels above established thresholds. Noise will be attenuated through operational requirements and onsite improvements which include limiting the hours of operation (Suggested Condition of Approval No. 4.a), and providing for a perimeter block wall and appropriate building orientation. Additionally, noise emitting mechanical equipment will be enclosed within the building and oriented away from residential properties. Zoning Compliance: The project, as proposed, complies with applicable provisions of the CG (Commercial General) zoning designation, including maximum building height, minimum building setbacks, maximum floor area ratio, minimum site landscaping, and minimum parking requirements. In addition, a list of City Code Requirements, Policies, and Standard Plans of the Huntington Beach Zoning & Subdivision Ordinance and Municipal Code has been provided to the applicant (Attachment No. 5) for informational purposes only. PC Staff Report—02/09/10 -415- 1 Osr19 CUP 09-012 Item 7. - Page 35 Urban Design Guidelines Conformance: The Huntington Beach Urban Design Guidelines contains guidelines specific to Special Consideration, Commercial uses such as carwashes. The project generally conforms or is conditioned to comply with the objectives and standards for carwash projects contained in the Guidelines, including siting the building at the street comer, accommodating anticipated circulation patterns between vehicles and pedestrians, improving the driveways to current standards, and minimizing the visibility of mechanical equipment within the carwash tunnel openings. Environmental Status: The proposed project is Categorically Exempt pursuant to Section 15303 of the California Environmental Quality Act,because the proposed project consists of the construction of a new commercial building with less than 10,000 square feet of floor area not involving significant amounts of hazardous substances on a site where public services and facilities are available and the surrounding area is not environmentally sensitive. Coastal Status: Not applicable. Redevelopment Status: Not applicable. Design Review Board: Not applicable. Subdivision Committee: Not applicable. Other Departments Concerns and Requirements: The Departments of Police, Fire, Building & Safety and Pubic Works have reviewed the application and identified applicable code requirements (Attachment No. 5). These code requirements are included for informational purposes only. Public Notification: Legal notice was published in the Huntington Beach/Fountain Valley Independent on February 4, 2010, and notices were sent to property owners of record and tenants within a 500 ft. radius of the subject property, individuals/organizations requesting notification (Planning Department's Notification Matrix), appellant, applicant, and interested parties. Staff has received previous comments from the appellant as well as a comment letter and petition related to the noise analysis. A copy of all public comments received to date is provided as Attachment No. 6 of this report. Application Processing Dates: DATE OF COMPLETE APPLICATION: MANDATORY PROCESSING DATEfS): August 1, 2009 November 30. 2009 (includes 60-day extension) or cars n�,. - _. m%09/10 1 Osr19 CUP 09-012 (Newland Car-wash)Item 7a - Page 36 -416- Conditional Use Permit No. 09-012 was filed on July 1, 2009 and deemed complete August 1, 2009. On October 14, 2009, the applicant requested a one time 60-day continuance of the mandatory processing timeline. The request was approved by the Zoning Administrator at a public hearing on November 18, 2009, in compliance with the mandatory processing timeline. An appeal was filed by the appellant on November 30,2009 (Attachment No.2). ANALYSIS: The primary issues for the Planning Commission to consider when analyzing this appeal are potential detrimental impacts to the general welfare of the community or property (potential noise impacts), compatibility with the surrounding uses and compliance with the Design Guidelines, HBZSO and General Plan and reasons outlined in the appeal letter. General Plan The granting of the conditional use permit will not adversely affect the General Plan. It is consistent with the Land Use Element designation CG-F1 (General Commercial — 0.35 maximum floor area ratio) on the subject property. In addition, it is consistent with the Land Use Element in that the proposed use will redevelop a currently vacant site with a facility that caters to the needs of local residents and is sensitive to the abutting residential properties. The project is consistent with the Urban Design Element in that the proposed building incorporates distinctive architectural elements from nearby commercial buildings and provides for an enhanced pedestrian connection between the public sidewalk and interior of the site. The proposed use is consistent with the Noise Element in that landscape buffers and perimeter walls are incorporated to minimize noise spillover to adjacent residential neighborhoods. Potential noise impacts are further minimized through noise control features and building design. Zoning The project, as proposed, complies with applicable provisions of the CG (Commercial General) zoning designation, including maximum building height, minimum building setbacks, maximum floor area ratio, minimum site landscaping, and minimum parking requirements. Staff is suggesting a condition of approval that would allow for ingress and egress at the Newland Street driveway. This may result in a minor modification of the site plan, including the redesign of the tunnel entrance queuing area, potential elimination of one parking space and relocation of the trash enclosure. An additional suggested condition of approval will require submittal of revised project plans for review and approval to ensure compliance with City requirements. Design Guidelines The Huntington Beach Urban Design Guidelines contains guidelines specific to Special Consideration, Commercial uses such as carwashes. The project generally conforms or is conditioned to comply with the objectives and standards for car-vvash projects contained in the Guidelines, including siting the building at the street corner, accommodating anticipated circulation patterns between vehicles and pedestrians, improving the driveways to current standards, and minimizing the visibility of mechanical equipment within the carwash tunnel openings. The proposed design of the carwash building will incorporate distinctive architecture which includes variations to the roof height and form; insets and offsets in the building facade to create enhanced visual relief and break up of building mass, and variations in exterior PC Staff Report— 02/09/10 -41 7- 1 Osr19 CLIP 09-012 Item 7. - Page 37 building treatments. The project will incorporate a pedestrian connection from the public sidewalk on _ Warner Avenue and Newland Street by providing clear and identifiable access to the carwash building. Noise A noise study prepared by Giroux & Associates on November 6, 2009 identifies that project noise levels will not cumulatively contribute to an increase in levels above established thresholds. The City has adopted a Noise Ordinance (Chapter 8.40 of the Huntington Beach Municipal Code), which identifies exterior and interior noise standards, specific noise restrictions, exemptions, and variances for sources of noise within the City. The study found that the proposed project will not exceed City noise standards provided that noise control features (mitigation) are included such as limiting the hours of operation, utilizing dryer unit silencers, prohibition of loudspeakers, staff intervention of customer noise, and constructing a noise barrier along the western property line. Noise will be attenuated through these operational requirements and onsite improvements (Suggested Condition of Approval No. 4a-d), and providing for a perimeter block wall and appropriate building orientation. Additionally, noise emitting mechanical equipment will be enclosed within the building and oriented away from residential properties. Appeal Letter Water Recycling: The letter states that the proposed carwash does not make use of available water recycling technology. The applicant will be required to comply with the City of Huntington Beach Municipal Code Chapter 14.18, Water Management Program. This program requires that all commercial carwash systems to have recirculating water systems, or secure a waiver of this requirement from the City. The applicant has stated that the project will include a recirculating/recycling system that complies with City and State requirements. Noise Study: The letter states that the noise study is flawed. A noise study prepared by Giroux & Associates on November 6, 2009 (Attachment No. 10) identifies that project noise levels will not cumulatively contribute to an increase in levels above established thresholds. Potential noise impacts will be attenuated through operational requirements and onsite improvements which include limited operating hours, a perimeter block wall and appropriate building orientation. Additionally, noise emitting mechanical equipment will be enclosed within the building and oriented away from residential properties. Furthermore, the use will be subject to compliance with the City of Huntington Beach Noise Ordinance (Chapter 9.40 Noise Control) and based upon the design and site improvements along with the suggested conditions of approval, it was determined that potential noise impacts will be mitigated. Employee Park -- The letter asserts that the carwash owner will require employees to park off-site to accommodate customers. The HBZSO requires a minimum of 10 parking spaces for carwash facilities. This minimum requirement can be used by employees and customers (or both). The project includes 12 parking spaces and each is vacuum accessible. One to two employees would be assisting customers during operation hours. Staff has analyzed the parking requirement and has found that site has adequate parking given that there are two additional parking spaces that can accommodate employee parking. PC Staff Renort—0?/n9/10 r' 10sr19 CUP 09-012 (NelvIaDd Canvash) Item 70 - Page 38 -418- j Tunnel Design: ' The letter describes the carwash tunnel as being too long and does not allow sufficient space for vehicles to properly enter and exit the tunnel. Staff has analyzed the building and site alignment along with anticipated circulation patterns. The City does not regulate the length of the proposed tunnel, but does take into account the circulation and turning radius as a result of site design. Staff does not anticipate an issue with tunnel ingress and egress. However, staff has reevaluated the proposed Newland Street egress only driveway and after further evaluation suggests a condition of approval to allow both ingress and egress (Suggested Condition of Approval No. l.c). This will help alleviate potential conflicts with southbound vehicles making a right-in, and then realizing that the driveway is limited to egress only and inadvertently backing out of the driveway. This modification will help alleviate potential queuing conflicts onto Newland Avenue. Parcel Size: The letter asserts that the site is too small to accommodate the project. The project site is approximately 22,500 sq. ft. and meets the minimum lot size of 10,000 sq. ft. for nonresidential commercial development per Chapter 211.06 of the HBZSO. Currently, the City has three other express carwash facilities with lot sizes that range from approximately 17,805 sq. ft. to 25, 040 sq. ft. In addition, the applicant has stated that he operates two facilities in the City of Long Beach with lot sizes of 13,500 sq. ft. and 9,900 sq. ft. The project, as proposed, complies with applicable provisions of the CG (Commercial General) zoning designation, including maximum building height, minimum building setbacks, maximum floor area ratio, minimum site landscaping, minimum parking requirements, and minimum lot size. In addition, the project will provide adequate on-site parking to accommodate customers and employees and will not present unsafe conditions for pedestrians or vehicular circulation. Summary Staff is recommending approval of the proposed project based on the suggested findings and suggested conditions of approval. The project furthers the General Plan goals and polices which encourages redevelopment of a currently vacant site with a facility that caters to the needs of local residents. The proposed project will be compatible with the surrounding land uses and will not significantly impact the adjoining residential property to the north and west of the site. Potential noise will be attenuated through operational requirements and onsite improvements which include limited operating hours, a perimeter block wall, a noise attenuating canopy, and appropriate building orientation. The project will provide adequate on-site parking and will not present unsafe conditions for pedestrians or vehicular circulation. No potential circulation impacts are anticipated with modifying Newland Street access to allow ingress and egress. The proposed project complies with all applicable zoning regulations including maximum building height, minimum building setbacks, maximum floor area ratio, minimum site landscaping, and minimum parking requirements. PC Staff Report —02/09/10 -419- 1 osr19 CUP 09-012 Item 7. - Page 39 ATTACHMENTS: 7 Suggested Findings and Conditions of Approval—Conditional Use Permit No. 09-012 2. Site plan, floor plan, &elevations received November 13,2009 3. Zoning Administrator Notice of Action—CUP 09-012 dated November 19, 2009 4. Appeal Letter received and dated November 30,2009 5. Departments of Police,Fire, Building& Safety and Public Works Code Requirements 6. ZA Minutes dated September 23,2009 7. ZA Minutes dated October 14, 2009 8. ZA Minutes dated November 18, 2009 9. Noise Impact Analysis by Giroux &Associates received November 9, 2009 10. Public Comments SH:HF:EE:lw "09/10 10srl9 CUP 09-012(Newland Carwash) Item 7. - Page 40 -420- ATTACHMENT NO. 1 SUGGESTED FINDINGS AND CONDITIONS OF APPROVAL, CONDITIONAL.USE PERMIT NO.2009-012 SUGGESTED FINDINGS FOR PROJECTS EXEMPT FROM CEQA: The Planning Commission finds that the project will not have any significant effect on the environment and is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to section 15301 of the CEQA Guidelines, because the proposed project consists of an addition of less than 10,000 sq. ft. of floor area to existing structures on a site where public services and facilities area available and the surrounding area is not environmentally sensitive. SUGGESTED FINDINGS FOR APPROVAL.- CONDITIONAL,-USE PERMIT NO.2009-012: 1. Conditional Use Permit No. 2009-012 to permit the redevelopment of a former gas station site with the construction of an approximately 2,336 sq. ft. express carwash building and associated site improvements will not be detrimental to the general welfare of persons working or residing in the vicinity or detrimental to the value of the property and improvements in the neighborhood. The project will not significantly impact adjoining residential properties located to the north and west of the site. The car-wash building will be sited furthest away from residential uses at the southeast comer of the property. The residential uses to the west will be buffered from the carwash by an approximately 65 ft. separation consisting of a drive aisle, parking lot landscaping, 12 ft. high noise attenuating screen canopy, 10 ft. wide landscape planter, and a 6 ft. high block wall. Residential uses to the north will be buffered from the carwash by a drive aisle and a 5 ft. setback with landscaping. A noise study was submitted indicating compliance with established noise level thresholds. Noise will be attenuated through operational requirements and onsite improvements which include limited operating hours, a perimeter block wall and appropriate building orientation. Additionally, noise emitting mechanical equipment will be enclosed within the building and oriented away from residential properties. Furthermore, the use will be subject to compliance with the City of Huntington Beach Noise Ordinance (Chapter 8.40 Noise Control) and based upon the conditions imposed, potential noise impacts will be mitigated. Lighting will be designed to be directed onto the project site without any spillage onto adjacent properties. The Newland Street driveway is conditioned to require ingress and egress access to alleviate potential queuing conflicts. The project is on a site of a former auto-related use; consequently no significant traffic impacts are anticipated. The project will provide adequate on-site parking and will not present unsafe conditions for pedestrians or vehicular circulation. 2. The conditional use permit will be compatible with surrounding developments because the carwash building will be located on commercially zoned property, formerly occupied by a gas station, in an area containing similar auto-related land uses. The building's architecture is consistent with the surrounding neighborhood by providing appropriate scale through a single story design and appropriate proportion and character through variable facade offsets and harmonious colors and materials. The proposed development, as conditioned; conforms to the design criteria as stipulated PC Staff Report— II/12/08 -421- Item 7. - Page 41 within the City's Urban Design Guidelines by siting the building at the street corner, accommodating _ anticipated circulation patterns between vehicles and pedestrians, improving the driveways to current standards,and minimizing the visibility of mechanical equipment within the carwash tunnel openings. 3. The development will comply with the provisions of the base district and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance, including minimum building setbacks, minimum on-site parking and minimum onsite landscaping, maximum building height and maximum floor area ratio. The proposed car wash use is permitted within the CG (General Commercial)zoning district with approval of a conditional use permit. 4. The granting of the conditional use permit will not adversely affect the General Plan. It is consistent with the Land Use Element designation CG-F1 (General Commercial — 0.35 maximum floor area ratio) on the subject property. In addition, it is consistent with the following goals, objectives and policies of the General Plan: Land Use Element Objective - LU 101- Provide for the continuation of existing and the development of a diversity of retail and service commercial uses that are oriented to the needs of local residents. Policy - LU 10.1.4- Require that commercial buildings and sites be designed to achieve a high level of architectural and site layout quality. Policy - LU 10.1.6- Require that commercial projects abutting residential properties adequately protect the residential use from the excessive or incompatible impacts of noise, light, vehicular traffic, visual character, and operational hazards. Policy -LU 10.1.12: Require that commercial uses be designed and developed to achieve a high level of quality, distinctive character, and compatibility with existing uses and development including consideration of. b. Incorporation of site landscape, particularly along street frontages and in parking lots; d. Siting of building to the street frontage to convey a visual relationship to the street and sidewalks; e. Architectural treatment of buildings to minimize visual bulk and mass, using techniques such as the modulation of building volumes and articulation of all elevations. The project is a redevelopment of a former gas station site with a new express carwash facility. The proposed use will redevelop a currently vacant site with a facility that caters to the needs of local residents. The project will not significantly impact the adjoining residential property to the north and west of the site. The carwash building will be sited furthest away from residential uses. The residential uses to the west will be buffered from the carwash by an approximately 65 ft. separation consisting of a drive aisle, parking lot landscaping, 12 ft. high noise attenuating screen canopy, 10 ft. wide landscape planter, and a 6 ft. high block wall. Residential uses to the north will be buffered from the carwash by a drive aisle and a 5 11. setback with landscaping. The mechanical equipment 2'08 Item 7. - Page 42 -422- Attachment No. 1.2 associated with the carwash will be located inside the building; in addition, the building is oriented so that the carwash tunnel openings do not directly face adjacent residential uses. A noise study prepared 1 by Giroux &Associates on November 6,2009 identifies that project noise levels will not cumulatively contribute to significant impacts. Lighting will be designed to be directed onto the project site without any spillage on to adjacent properties. Urban Design Element Objective - UD 1.1: Identify and reinforce a distinctive architectural and environmental image for each district in Huntington Beach. Policy - UD 1.2.1.E. Enhance the connections, where feasible between the public sidewalk and private commercial interior open spaces as described by the Land Use Element by using decorative paving materials. The proposed design of the carwash building will incorporate distinctive architecture which includes variations to the roof height and form, insets and offsets in the building fagade to create enhanced visual relief and break up of building mass, and variations in exterior building treatments. The project will incorporate a connection from the public sidewalk on Warner Avenue and Newland Street by providing clear and identifiable access to the carwash building. Noise Element Objective - N 1.4: Minimize noise spillover or encroachment from commercial and industrial land uses into adjoining residential neighborhoods or"noise-sensitive"uses. Objective - N 1.4.3: Require that the parking areas of all commercial and industrial land uses, which abut residential areas,to be buffered and shielded by walls, fences, or adequate landscaping. A noise study prepared by Giroux & Associates on November 6, 2009 identifies that project noise levels will not cumulatively contribute to an increase in levels above established thresholds. Noise will be attenuated through operational requirements and onsite improvements which include limiting the hours of operation(Suggested Condition of Approval No. 4.a), and providing for a perimeter block wall and appropriate building orientation. Additionally, noise emitting mechanical equipment will be enclosed within the building and oriented away from residential properties. SUGGESTED CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 2009-012: 1. The site plan, floor plans, and elevations received and dated September 9, 2009 shall be the conceptually approved design with the following modifications: a. Landscaped setbacks along both street frontages shall incorporate mounding, shrubbery and enhanced vertical elements to enhance the aesthetics of the site and provide for additional screening at the openings to the carwash tunnel and interior mechanical equipment. PC Staff Report— 11/]2/08 -423- Item 7. - Page 43 b. The Recovery and Collection Hydro-Carbons area located at the northwest corner of the site shall provide screening to match the adjacent trash enclosure. All screening enclosures shall be compatible and provide materials found in the carwash building. c. The Newland Street driveway shall be redesigned to accommodate vehicular ingress and egress. 2. Prior to submittal for building permits, one set of project plans revised pursuant to Condition of Approval No. 1, shall be submitted for review, approval and inclusion in the entitlement file, to the Planning Department. 3. Prior to building permit final, all existing overhead utilities located along the Newland Street and Warner Avenue frontage shall be undergrounded. This shall include all utilities, including but not limited to telephone, electric, and Cable TV lines. If required, easements shall be quitclaimed and/or granted to the corresponding utility companies. (PW) 4. The use shall comply with the following: a. The car wash facility shall not be operational from 8 p.m. to 7 a.m. b. The car wash dryer units shall be equipped with a silencer. c. Paging and music system speakers located or being activated outside of the building shall be prohibited. d. Customers shall be cautioned against the creation of unacceptably loud noise during waiting and within the vacuum/wipe off areas by signage posted near this area. Customer noise clearly audible beyond the property line (5 dB or more above ambient) shall be eliminated immediately by staff intervention. 5. Incorporating sustainable or "green" building practices into the design of the proposed structures and associated site improvements is highly encouraged. Sustainable building practices may include (but are not limited to) those recommended by the U.S. Green Building Council's Leadership in Energy and Environmental Design (LEED) Program certification (http://www.us bg c or /Disi)la,vPage.aspx?Categoa]D=19) or Build It Green's Green Building Guidelines and Rating Systems (http://www.buiIdit reg en.org/index.cfm?fuseaction=guidelines). INDEMNIFICATION AND HOLD HARMLESS CONDITION: The owner of the property which is the subject of this project and the project applicant if different from the property owner, and each of their heirs, successors and assigns, shall defend, indemnify and hold harmless the City of Huntington Beach and its agents, officers, and employees from any claim, action or proceedings, liability cost, including attorney's fees and costs against the City or its agents, officers or employees, to attack, set aside, void or annul any approval of the City, including but not limited to any approval granted by the City Council, Planning Commission. or Design Review Board concerning this project. The City shall promptly notify the applicant of any claim, action or proceeding and should cooperate fully in the defense thereof. Item 7e - Page 4412i08 -424- Attachment No. 1 A NOV 13 2009 Huntington Beach _ PLANNIN 3 sTOkr AVTS NEN ADA DR-wAr PER STD.7"1 L502)4 s, 6111 IV BRICK PAVERS OVER FLEXDA51(OPT) PRESS OR STAMPED 7500 PSI CONCRLTL FILL JOINTS WITN[DRY SNAKE COLORED MORTAR IStl BRCKlT FINISHED OR SALT,SNAKC wITN ALUM Ox10E OR swcoNE GAR ^O !t PROJECT DATA Q VNp9GLPE EVIL DING DATA SITE DATA r� _C%arP+r I CONSTRUCTION TYPE' TYPE V-B CN -•-� ^F. y ~ U PEnfDarOv 1 � 4'P,C.CVRB(TVP) ) APN. _ EOU'v'ENT A]C P VEnCNT JI.v.. POST S.C. «LVPANCYi LOT NUMBLR'^'W.CORN[R NARNER AND NFWL D SC , vAven ENT A !6•0'R E%� CO NO IT LCNTLR BUILDING AR[y—•733L� ADDRC55� N IINN4rON RCACH.CA av'UCTICYI v U — ND �0' OEXISTING EYING B✓M1DII14� _^I NVMBLR OF STORIES, ONE C4 E•• V1 O Z.yCV.RE FOOTAGE. •T9X• EACR6A44 OF SITE, �I 'o Ie' CREAGE OF 51iFj A M —►I EW1LpING HEIGHT. til W SITE AREA. 7T400 t 50 i7,-�•„ , r,• 1 `` t 3 r Gn i•�pNPCVCLLOW �'�I I FLGYJR AREA RAT•p OF SiTF i�9i -- u _J NT SETBACxy FRONT YARD CO w O LE�p��J,•J�� DE OAT. Ol<BC 51DC YARD C Q N M T 1, REAR YARQv ti Ly OT tl FevSN y l �J v\\ Hn0 BI-0' Oi CLC OWNER, RICHARD NWANG(E%PRLS9 CAR HAS,) V M ly \�f/y� ADDRESS E.ANANEIT1 BT 4` — O P•VEMENT V T-71 CNCR4T CODE LONG BEACH.CA 4783 1 NO III I 7-71 HANpICAP CODE PHONE K T vSs TO NT 4 Z,i- ,I� () APPLKANT,BRAYTD+1 pENN15 / WORK DESCRIPTION ADORCSSIS7G E.713Eh 57,CAR50N,GA 40]5 _ PACKING PHpNL. c I r1 PARKING CONSTRUCT A DRIVE TNRU CAR WASH CVP 1pSP.017 M/NTINGTON BCAGN LANDSCAPC DATA, fe A K LS' L LJB REO'P. SS 17500•BCC,SO iT imARKING , 1'WA Or/'CC ]O, y PLANNING APPLICATION LCS PROVIDE Y001 50 FT. )•-i• PLAN CNCCK APPLICATION PARKING DATA W ^�` RMO, -i0 B PARKING PROVIDED 1]PARKING Al ET 1. 4CA r °'• , CLEGT An � ORK SITE W O II I v PUMP � "•B' 1i 1 I° nVACI Q ¢ 7^� I PARKING \ / '•0'iGMU WALL T STONE VENEER TO'-B• STREET IpE ,_], ¢>j W 7 3 S. 44 � Z SITE NAP v.vEn CNT 'V "C PI 7 V NE j0 ER THOMAS GUIDE P070/B-T 3 /� �-��1 1y \ G yTRLLT 101 \ �� PARAGLA5 SOUND 5T ~•lo irTlKij t pfy ST 3 -4 MU WAL ••� a }I I.�QiI` I STREE VIN ,WTp Nt+,bH 17y tCa+ pp W^J T-G. STREET` r. '0'(nW, drWim 1�i,Did d 10' Lwox.vt /^ BwNP N.LL B ae< NY �nR TITLE j P BVS 5TTp`a. L RXF i Y^�� PROPOSED 1+ STOP 9T fI E�Er�SID NEW MDNNne •' PLOT .14.BY OTu[R N)LUkB RAM — �e=lcsc n7T6 I N D e x o a A w I N PLAN TlRIOCxIN4 CC'NCRETC PAVERS(lYP WALK) 90' NpJ-SKID TAN COLORED A•I VP yN ET PLOT PLAN 'A v Ef+ "�4 OaGO BLGYK CO OR fOVIVJB00•aT!G17i /Ew ADA 04-w.Y PE4 STO.71,I Z50790 BA A-7 L PLA •-_ 75'-0' A•9 El E4 TI secTY pFyWN '8 SECURI 4RI L B. UENNIS WARNER AVE CHECKED _ LG•+I)' BRICK PAVER$OVER FL EXBASE T- DATE (OPT)PRE55 OR SrAMPED 75N PSI CCNGRETE V 1. �j�/� '-7 q-q-Oq q WIT 104 rL JOINTS N DRY S—F COLORED MORTAR BROOM F1N' ED OR SALT SNAKE WITN ALUn MICE • ����� SCALE 04 sucwLSN c.RB1De sPAaxuae s. O JOB ND, SECTILW No. VS BER HUNTINGTON BEACH ---- A-1 � s fD '� 9b 06ed - aL LU041 s VENDING f 1 CA-- - O� T y L 4 ��CGG O r, � srss�eLeci � W � 4>G F a y'v n CID ry _ 0 Co n Rws ..c I .toe n7LE B-1. PFVVZS ARCHITECT Yw u �o �r ULT FATE CAR wt5 ExPtzes CREATIVE DESICM1S 1 o n—s s tv� o nM a Zz A 9 CAR WAS41 EXPRESS ARCHITECTS 1 ENGINEERING 9 N NANER AVE NUN'TIFK,TON BEACH, CA j 1326 E. 2137h Sr. CARSON,CA 907451 0745 i D { PHONE. 310-830-1379 1 wl,-,, �� L� U VI� IJ Nlov 13 2009 Huntington Beach...-.__, !'l. NG DEPr. r— EXTERIOR FINISH. V a LOUTSRED vwr9RE�2 Oj ,l STUCCOI MISSION STUCCO. a101, OFP-WHITE O I 7 GOAT PER"id'. Twp40 - 91 V O� ® O ® ('�STLCCO MISSION STUCCO. " 5810N BEIGE (� z Q 2 O 2 Q 2 COAT PER 2612 TROW I;i)NlSil r W V ® O—FOAM CORNICE OMEGA GLUE IGBO n ER AevS 909-598-3856 4 •/j/ -,/ 4 /// // •/// \ \ \ \ RED I"" COIN/GE MOLDING nRG015/11.5xI5.� WH17P PAINT k \ QD Q17 (OPT)COLOR COAT W/MISSION WWITE ti / QD (a—POAM CORNICE,OMEGA GLUE ICBO a ER 48a8 909-698.3856, V Caa z Q RED/COA7 Ax COLUMN EDGE MOLDING.WH?E'PANT '� O W Q O ® \ \ \ \ I laPr)coloa coar w nlsslOv wwrE 4� <C U w (OPT)KATER BASE PAINT, OR SCRATCH f COLOR COTE, y \ \ INDUSTRIAL EXTERIOR COATING SYSTEM '9 N OI c COUNTRY LEDGPSTOJE"HCNET'WALL VENEER A �j v CULTURED STONE PRODUCT, INC, LA PRR13166 ®SIGNS BY OTHER OJ SEPERATE PERMIT 5 3 s ES T EL E V CHANNEL LETTERING TO BE USED. k Ey U ry v 4 K W4 V Q b Mill �11 4 �MII4 E IT _ '� 4I I N _ W SOUTH EL i x w 5 v = C NwV 3 4am LOUVER( LOUVER G: w VENTS vENTS Q w l J�1z0 I r 44 17 zl- U . cy5 �2a4 a 5 EAST ELEV TITLE 9 9 SIGN ELEVATIONS T-- p 2 _ 1 I ® U LOUVERED I I DRAWN vE�rs B, DENN15 CHECKED A m I I ATE ENTRANC O5 �i IODICI 09 5 SCALE � NORTH EL s liar, JOB N0, ■ SHEET A-3 U J �D s C-FICE of the ZONING ADI'vilI IISTRA TOR CITY OF HUNTINGTON BEACH o CALIFORNIA ------�./N/�/��Nr�w�iVN�tiNNNNN��N/'�/hiNNs.ai�.�N�i/�/N���+NNNN P.O. BOX 190 CALIFORNIA 92648 (714) 536-5271 NOTICE OF ACTION November 19, 2009 Thomas Hwang 616 Imperial, LLC 1050 E.Anaheim Street Long Beach, CA 90813 SUBJECT: CONDITIONAL USE PERMIT NO. 200"12 -(NEWLAND CARWASH) APPLICANT: Thomas Hwang, 616 Imperial, LLC REQUEST: To permit the construction of an approximately 2,336 sq. ft express service carwash building and associated site improvements, on a 22,363 sq. ft_ vacant lot_ PROPERTY OWNER: 616 Imperial, LLC, 1050 E_ Anaheim Street, Long Beach, CA 90813 LOCATION: 8471 Warner Avenue, 92647 (northwest comer of Warner Avenue and Newland Street) PROJECT PLANNER: Ethan Edwards DATE OF ACTION: November 18, 2009 On Wednesday, November 18, 2009, the Huntington Beach Zoning Administrator took action on your application, and your application was conditionally approved. Attached to this letter are the findings and conditions of approval. Please be advised that the Zoning Administrator reviews the conceptual plan as a basic request for entitlement of the use applied for and there may be additional requirements prior to commencement of the project_ It is recommended that you immediately pursue completion of the conditions of approval and address all requirements of the Huntington Beach Zoning and Subdivision Ordinance in order to expedite the processing/completion of your total application_ The conceptual plan should not be construed as a precise plan, reflecting conformance to all Zoning and Subdivision Ordinance requirements. ATTACH ENT NO, o Item 7. - Page 48 -428- Under the provisions of the Huntington Beach Zoning and Subdivision Ordinance, the action taken by the Zoning Administrator becomes final at the expiration of the appeal period_ A person desiring to appeal the decision shall file a written notice of appeal to the Secretary of the Planning Commission within ten (10) calendar days of the date of the Zoning Administrator's action. The notice of appeal shall include the name and address of the appellant, the decision being appealed, and the grounds for the appeal. Said appeal must be accompanied by a filing fee of Two Thousand Two Dollars ($2,002.00). In your case, the last day for filing an appeal and paying the filing fee is November 30, 2009, at 5:00 PM. Provisions of the Huntington Beach Zoning and Subdivision Ordinance are such that any application becomes null and void one (1) year after final approval, unless actual construction has begun. Excepting those actions commenced pursuant the California Environmental Quality Act, you are hereby notified that you have 90 days to protest the imposition of the fees described in this Notice of Action. If you fail to file a written protest regarding any of the fees contained in this Notice, you will be legally barred from later challenging such action pursuant to Government Code §66020. If you have any questions regarding this Notice of Action letter or the processing of your application, please contact Ethan Edwards, the project planner, at (714) 536-5561or via email at Ethan.Edwards@surfcity-hb.org or the Planning Department Zoning Counter at (714)536-5271. Sincerely, Ricky Ramos Zoning Administrator RR:EE:kdc Attachment c: Honorable Mayor and City Council Chair and Planning Commission Fred A.Wilson, City Administrator Scott Hess, Director of Planning William H. Reardon, Division Chief/Fire Marshal Herb Fauland, Planning Manager Steve Bogart, Acting Principal Civil Engineer Gerald Caraig, Permit-Plan Check Manager Judy Demers Property Owner Project File ATTACHMENT N®. 3 -429- Item 7. - Page 49 ATTACHMENT NO. 1 FINDINGS AND CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 2009-012 FINDINGS FOR PROJECTS EXEMPT FROM CEQA: The Zoning Administrator finds that the project will not have any significant effect on the environment and is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to section 15303 of the CEQA Guidelines, because the proposed project consists of the construction of a new commercial building with less than 10,000 square feet of floor area not involving significant amounts of hazardous substances on a site where public services and facilities are available and the surrounding area is not environmentally sensitive. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 2009-012: 1. Conditional Use Permit No. 2009-012 to permit the redevelopment of a former gas station site with the construction of an approximately 2,336 sq. ft_ express carwash building and associated site improvements will not be detrimental to the general welfare of persons working or residing in the vicinity or detrimental to the value of the property and improvements in the neighborhood. The project will not significantly impact adjoining residential properties located to the north and west of the site. The carwash building will be sited furthest away from residential uses at the southeast corner of the property. The residential uses to the west will be buffered from the carwash by an approximately 65 ft_ separation consisting of a drive aisle, parking lot landscaping, 12 ft. high noise attenuating screen canopy, 10 ft. wide landscape planter, and a 6 ft_ high block wall. Residential uses to the north will be buffered from the carwash by a drive aisle and a 5 ft_ setback with landscaping. A noise study was submitted indicating compliance with established noise level thresholds. Noise will be attenuated through operational requirements and onsite improvements which include limited operating hours, a perimeter block wall and appropriate building orientation. Additionally, noise emitting mechanical equipment will be enclosed within the building and oriented away from residential properties_ Furthermore, the use will be subject to compliance with the City of Huntington Beach Noise Ordinance (Chapter 8.40 Noise Control) and based upon the conditions imposed, potential noise impacts will be mitigated. Lighting will be designed to be directed onto the project site without any spillage onto adjacent properties. The project is on a site of a former auto-related use; consequently no significant traffic impacts are anticipated. The project will provide adequate on-site parking and will not present unsafe conditions for pedestrians or vehicular circulation. 2. The conditional use permit will be compatible with surrounding developments because the carwash building will be located on commercially zoned property, formerly occupied by a gas station, in an area containing similar auto-related land uses. The building's architecture is consistent with the surrounding neighborhood by providing appropriate scale through a single story design and appropriate proportion and character through variable facade offsets and harmonious colors and materials. G-7_N7ALTRS\MWP 2009-012 doc; Attachment l= ATTACHMENT Nth. ,? Item 7. - Page 50 -430- 3 The proposed development, as conditioned, conforms to the design criteria as stipulated within the City's Urban Design Guidelines by siting the building at the street corner, accommodating anticipated circulation patterns between vehicles and pedestrians, improving the driveways to current standards, and minimizing the visibility of mechanical equipment within the carwash tunnel openings. 3. The development will comply with the provisions of the base district and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance, including minimum building setbacks, minimum on-site parking' and minimum onsite landscaping, maximum building height and maximum floor area ratio. The proposed car wash use is permitted within the CG (General Commercial) zoning district with approval of a conditional use permit. 4. The granting of the conditional use permit will not adversely affect the General Plan. It is consistent with the Land Use Element designation CG-F1 (General Commercial —0.35 maximum floor area ratio) on the subject property. In addition, it is consistent with the following goals, objectives and policies of the General Plan: Land Use Element Obiective -LU 10.1: Provide for the continuation of existing and the development of a diversity of retail and service commercial uses that are oriented to the needs of local residents. Policy - LU 10.1.4. Require that commercial buildings and sites be designed to achieve a high level of architectural and site layout quality. Policy - LU 10.1.6: Require that commercial projects abutting residential properties adequately protect the residential use from the excessive or incompatible impacts of noise, light, vehicular traffic, visual character, and operational hazards_ Policy - LU 10.1.12. Require that commercial uses be designed and developed to achieve a high level of quality, distinctive character, and compatibility with existing uses and development including consideration of: a_ incorporation of site landscape, particularly along street frontages and in parking lots; d. Siting of building to the street frontage to convey a visual relationship to the street and sidewalks; e. Architectural treatment of buildings to minimize visual bulk and mass, using techniques such as the modulation of building volumes and articulation of all elevations_ The project is a redevelopment of a former gas station site with a new express carwash facility_ The proposed use will redevelop a currently vacant site with a facility that caters to the needs of local residents_ The project will not significantly impact the adjoining residential property to the north and west of the site_ The carwash building will be sited furthest away from residential uses_ The residential uses to the west will be buffered from the carwash by an approximately 65 ft_ separation consisting of a drive aisle, parking lot landscaping, 12 ft. high noise attenuating screen canopy, 10 ft- wide landscape planter, and a 6 ft- high block wall. G:ZA\ZALTRS1091CUP 2009-012 doc Attachment 10 ATTACHMENT Kin -431- Item 7. - Page 51 Residential uses to the north will be buffered from the carwash by a drive aisle and a 5 ft_ setback with landscaping. The 'mechanical equipment associated with the carwash will be located inside the building; in addition, the building is oriented so that — the carwash tunnel openings do not directly face adjacent residential uses. Lighting will be designed to be directed onto the project site without any spillage on to adjacent properties. Urban Design Element Objective - UD 1.1. identify and reinforce a distinctive architectural and environmental image for each district in Huntington Beach. Policy - UD 1.21.E. Enhance the connections, where feasible between the public sidewalk and private commercial interior open spaces as described by the Land Use Element by using decorative paving materials. The proposed design of the carwash building will incorporate distinctive architecture which includes variations to the roof height and form, insets and offsets in the building fagade to create enhanced visual relief and break up of building mass, and variations in exterior building treatments. The project will incorporate a connection from the public sidewalk on Warner Avenue and Newland Street by providing clear and identifiable access to the carwash building. Noise Element Obiective - N 1.4_ Minimize noise spillover or encroachment from commercial and industrial land uses into adjoining residential neighborhoods or "noise-sensitive" uses. Obiective - N 1.4.3_ Require that the parking areas of all commercial and industrial land uses, which abut residential areas, to be buffered and shielded by walls, fences, or adequate landscaping. A noise study prepared by Giroux & Associates on November 6, 2009 identifies that project noise levels will not cumulatively contribute to an increase in levels above established thresholds. Noise will be attenuated through operational requirements and onsite improvements which include limiting the hours of operation, and providing for a perimeter block wall and appropriate building orientation. Additionally, noise emitting mechanical equipment will be enclosed within the building and oriented away from residential properties. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 2009-012: 1. The site plan, floor plans, and elevations received and dated September 9, 2009 shall be the conceptually approved design with the following modifications: a_ Landscaped setbacks along both street frontages shall incorporate mounding, shrubbery and vertical elements to enhance the aesthetics of the site and provide for additional screening at the openings to the carwash tunnel and interior mechanical equipment. G: A\ZAL_TRS\09\CUP 2009-012 doc AW)chment 199� Item 7. - Page 52 -432- ATTACH ,SE' t, 3 ,q b. The Recovery and Collection Hydro-Carbons area located at the northwest comer of the site shall provide screening to match the adjacent trash enclosure. All screening enclosures shalt be compatible and provide materials found in the carwash building. 2. Prior to submittal for building permits, one set of project plans revised pursuant to Condition of Approval No. 1, shall be submitted for review, approval and inclusion in the entitlement file, to the Planning Department. 3. Prior to building permit final, all existing overhead utilities located along the Newland Street and Warner Avenue frontage shall be undergrounded. This shall include all utilities, including but not limited to telephone, electric, and Cable TV lines. If required, easements shall be quitclaimed and/or granted to the corresponding utility companies. (PW) 4. The use shall comply with the following: a. The car wash facility shall not be operational from 8 p.m. to 7 a.m. b. The car wash dryer units shall be equipped with a silencer. c. Paging and music system speakers located or being activated outside of the building shall be prohibited. d. Customers shall be cautioned against the creation of unacceptably loud noise during waiting and within the vacuum/wipe off areas by signage posted near this area. Customer noise clearly audible beyond the property line (5 dB or more above ambient) shall be eliminated immediately by staff intervention. 5. Incorporating sustainable or "green" building practices into the design of the proposed structures and associated site improvements is highly encouraged. Sustainable building practices may include (but are not limited to) those recommended by the U.S. Green Building Council's Leadership in Energy and Environmental Design (LEED) Program certification (http://www.usgbc.orq/DisplayPage.aspx?CategorylD=19) or Build It Green's Green Building Guidelines and Rating Systems (http://www.builditgreen.orq/index.cfm?fuseaction=guidelines). INDEMNIFICATION AND HOLD HARMLESS CONDITION: The owner of the property which is the subject of this project and the project applicant if different from the property owner, and each of their heirs, successors and assigns, shall defend, indemnify and hold harmless the City of Huntington Beach and its agents, officers, and employees from any claim, action or proceedings, liability cost, including attorney's fees and costs against the City or its agents, officers or employees, to attack, set aside, void or annul any approval of the City, including but not limited to any approval granted by the City Council, Planning Commission, or Design Review Board concerning this project_ The City shall promptly notify the applicant of any claim, action or proceeding and should cooperate fully in the defense thereof. G:ZA\ZA1-TRS\09\CUP 2009-012Aoc Attachment ATTACHMENT NO. 3 _.9 -433- Item 7e - Page 53 ` 009E November 30, 2009 �tunti�9�on 6EPT C P�NMtNG EP Mr. Scott Hess, Secretary Huntington Beach Planning Commission 2000 Main Street, Huntington Beach, CA 92W Re: Conditional Use Permit No. 9002-012 (Newland Carwash). Notice of Appeal Name and address of appellant: Larry Kennepohl 3423 Starline Drive Rancho Palos Verdes, CA 90275 Decision being appealed: Notice of Action, dated November 19, 2009, granting approval for the construction of the Newland Carwash. Reason(s)for appeal: 1. The Colorado River basin watershed has experienced drought conditions for seven of the last eight years, and Northern California runoff has been below average for the last three years. In addition to the dry conditions impacting the entire state of California, a court imposed restriction has been implemented to reduce water deliveries from the Sacramento-San Joaquin River Delta to protect the Delta smelt. Climate changes are already affecting precipitation and runoff patterns which increases the uncertainty for water supply and quality, flood management and eco system functions. Extreme climatic events will become more frequent, necessitating improvements for both flood protection and drought preparedness! ATTACHMENT NO,±L�2_ Item 7. - Page 54 -434- The proposed carwash does not make use of available water recycling technology that would cut the potential water use in half. The addition of another carwash with heavy water use will increase the drought problem. 2. The noise study is flawed. 3. An Express Car Wash offers Free Vacuums to its customers. The proposed site plan provides these Free vacuums in EVERY parking space, including employee parking spaces. This will encourage the carwash owner to require his employees to park off site on residential streets so that more vacuums are available for customers. 4. Carwash tunnel is too long and does not allow sufficient space for vehicles to properly enter and exit the tunnel. 5. The site is too small-for the projected business. Sincerely, nK~� rryennepohl -435- Item 7. - Page 55 HUNTINGTON BEACH BUILDING DEPARTMENT HUWINGTON BEACH PROJECT IMPLEMENTATION CODE REQUIREMENTS DATE: AUGUST 5, 2009 PROJECT NAME: WARNER CARWASH PLANNING APPLICATION NO. PLANNING APPLICATION NO. 2009-174 ENTITLEMENTS: CONDITIONAL USE PERMIT NO. 2009-012 DATE OF PLANS: JULY 1, 2009 PROJECT LOCATION: 8471 WARNER AVENUE (NORTHWEST CORNER OF WARNER AVENUE AND NEWLAND STREET) PLAN REVIEWER: ERIC HAGHANI, PLAN CHECK ENGINEER TELEPHONE/E-MAIL: (714) 374-1589/Ehaghani@surfcity-hb.org PROJECT DESCRIPTION: TO PERMIT AN APPROXIMATELY 2,200 SQ FT DRIVE THROUGH CARWASH FACILITY ON A VACANT LOT The following is a list of code requirements deemed applicable to the proposed project based on plans stated above. The list is intended to assist the applicant by identifying requirements which must be satisfied during the various stages of project permitting and implementation. Electrical, plumbing, and mechanical items are not included in this review. If you have any questions regarding these comments, please contact the plan reviewer. Compliance is required prior to building permit issuance and all applicable items must meet the Huntington Beach Municipal Code (HBMC) and the California Code of Regulations (CCR or Title 24). 1. SPECIAL CONDITIONS: 1. None 11. CODE ISSUES BASED ON PLANS/DRAWINGS SUBMITTED: GENERAL: 1. The codes in effect are the: 2007 California Building Code ('07 CBC), 2007 California Plumbing Code ('07 CPC), 2007 California Mechanical Code ('07 CIVIC), 2007 California Electrical Code ('07 CEC) and 2007 California Energy Efficiency Standards as adopted by the City_ 2. Plans require to be designed by a licensed architect/engineer. ATTACHMENT NO, 5 .0 Item 7. - Page 56 -436- i Page 2 of 2 3. A soils report is required for this project and the recommendation portions of the report shall be attached to the plans. 4. Electrical/Plumbing/Mechanical plans are under separate submittal and review.. 5. Show Edison transformer location (if required) and show all required setbacks. 6. The main electrical meter requires direct access by the utility company. For more information, contact SCE at 714-895-0246. 7. Clarifiers are required and shall be shown on the plans. ATTACHMENT NO. 5- -437- Item 7e - Page 57 CITY OF HUNTINGTON BEACH PUBLIC WORKS INTERDEPARTMENTAL COMMUNICATION PROJECT IMPLEMENTATION CODE REQUIREMENTS DATE: AUGUST 5, 2009 PROJECT NAME: ULTIMATE CAR WASH EXPRESS ENTITLEMENTS: CUP 09-12 PLNG APPLICATION NO: 2009-0174 DATE OF PLANS: JULY 1, 2009 R PROJECT LOCATION: 8471 WARNER AVENUE i i PROJECT PLANNER: ETHAN EDWARDS,ASSOCIATE PLANNER I i TELEPHONEIE-MAIL: (714)536-5561 1 ETHAN.EDWARDSO-SURFCITY-HB.ORG PLAN REVIEWER: BOB MILANI, SENIOR CIVIL ENGINEER l f TELEPHONEIE-MAIL: 714-374-17351 BOB.MILANIO.SURFCITY-HB.ORG `• PROJECT DESCRIPTION: REQUEST TO DEVELOP A VACANT PARCEL WITH A DRIVE THROUGH CAR WASH. The following is a list of code requirements deemed applicable to the proposed project based on I plans as stated above. The items below are to meet the City of Huntington Beach's Municipal Code (HBMC),Zoning and Subdivision Ordinance (ZSO), Department of Public Works Standard Plans (Civil, Water and Landscaping) and the American Public Works Association (APWA) Standards Specifications for Public Works Construction (Green Book), the Orange County Drainage Area management Plan (DAMP), and the City_ Arboricultural and landscape Standards and Specifications. The list is intended to assist the applicant by identifying requirements which shall be satisfied during the various stages of project permitting, implementation and construction. If you have any questions regarding these requirements, please contact the Plan Reviewer or Project Planner. THE FOLLOWING DEVELOPMENT REQUIREMENTS SHALL BE COMPLETED PRIOR TO ISSUANCE OF A GRADING PERMIT: i 1. A Precise Grading Plan, prepared by a Licensed Civil Engineer, shall be submitted to the Public Works Department for review and approval. (MC 17.05/ZSO 230.84) The plans . shall comply with Public Works plan preparation guidelines and include the following y improvements on the plan: a. The existing westerly driveway approach on Warner Avenue and the existing northerly driveway approach on Newland Street shall be removed and replaced l with an ADA compliant driveway approach per Public Works Standard Plan No. 211 and shall be constructed with a 2-foot clearance from the top of "x" to the property line. (ZSO 230.84) TTACHMENT N0. Item 7. - Page 58 -438- Page 2 of 6 i b. The existing easterly driveway approach on Warner Avenue and the existing southerly driveway approach on Newland Street shall be removed and replaced With curb, gutter, and sidewalk per Public Works Standard Plan Nos. 202 and 207. (ZSO 230.84) c. Install one (1) street light on the Warner Avenue frontage per Public Works Department standards. (ZSO 230,84) d. Install an ADA compliant access ramp on the northwest comer of Warner Avenue and Newland Street per Caltrans Standard Plan A88A. (ZSO 230.84, ADA) e. A new sewer lateral shall be installed connecting to the main in the street if the new sewer lateral is not constructed at the same location as the existing lateral, then the existing lateral shall be severed and capped at the main or chimney. (ZSO 230.84) L A new domestic water service and meter shall be installed per Water Division Standards, and sized to meet the minimum requirements set by the California Plumbing Code (CPC) if residential add: and Uniform Fire Code (UFC). The domestic water service shall be a minimum of 2-inches in size. (MC 14.08.020) g. A separate irrigation water service and meter shall be installed per Water Division Standards. The water service shall be a minimum of 1-inch in size. (ZSO 232) h. A separate backflow protection device shall be installed per Water Division Standards for domestic, irrigation, and fire water services. (Resolution 5921 and Title 17) 2. A Landscape and Irrigation Plan, prepared by a Licensed Landscape Architect shall be submitted to the Public Works Department for review and approval by the Public Works and Planning Departments. (ZSO 232.04) a. Existing mature trees that are to be removed must be replaced at a 2 for 1 ratio with a 36' box tree or palm equivalent (13'-14' of trunk height for Queen Palms and 8'-9'of brown trunk). b. "Smart irrigation controllers" and/or other innovative means to reduce the quantity of runoff shall be installed. (ZSO 232.04D) C. Standard landscape code requirements apply. (ZSO 232) 3. All landscape planting, irrigation and maintenance shall comply with the City Arboricultural and Landscape Standards and Specifications. (ZSO 232.04B) 4. Landscaping plans should utilize native, draught-tolerant landscape materials where appropriate and feasible. (DAMP) 5. A Consulting Arborist (approved by the City Landscape Architect) shalt review the final 1 landscape tree-planting plan and approve in writing the selection and locations proposed for new trees. Said Arborist signature shall be incorporated onto the Landscape j Architect's plans and shall include the Arborist's name, certificate number and the Arborist's wet signature on the final plan. (Resolution 4545) 6. A Project Water Quality Management Plan (WQMP) conforming to the City of Huntington Beach's Project WQMP Preparation Guidance Manual dated June 2006 and prepared I ATTACHMEN T NO( � -439- Item 7. - Page 59- Page 3 of 6 F by a Licensed Civil Engineer, shall be submitted to the Department of Public Works for review and acceptance and shall include the following: ! a. Discusses regional or watershed programs(if applicable). i b. Addresses Site Design BMPs (as applicable) such as minimizing impervious areas, maximizing permeability, minimizing directly connected impervious areas, creating reduced or"zero discharge"areas,and conserving natural areas. C. Incorporates the applicable Routine Source Control BMPs as defined in the Drainage Area Management Plan. (DAMP) i i d. Incorporates Treatment Control BMPs as defined in the DAMP. e. Generally describes the long-term operation and maintenance requirements for the Treatment Control BMPs. f. Identifies the entity that will be responsible for long-term operation and maintenance of the Treatment Control BMPs. g- Describes the mechanism for funding the long-term operation and maintenance I of the Treatment Control BMPs. h. Includes an Operations and Maintenance(O&M) Plan for all structural BMPs_ L After incorporating plan check comments of Public Works, three final WQMPs I (signed by the owner and the Registered Civil Engineer of record) shall be submitted to Public Works for acceptance. After acceptance, two copies of the final report shall be returned to applicant for the production of a single complete i electronic copy of the accepted version of the WQMP on CD media that includes: �. i) The 11"by 17" Site Plan in .TIFF format(400 by 400 dpi minimum). ii) The remainder of the complete WQMP in .PDF format including the signed and stamped title sheet, owner's certification sheet, j Inspection/Maintenance Responsibility sheet, appendices, attachments and all educational material. x j. The applicant shall return one CD media to Public Works for the project record file. l 7. Indicate the type and location of Water Quality Treatment Control Best Management Practices (BMPs) on the Grading Plan consistent with the Project WQMP_ The WQMP shall follow the City of Huntington Beach; Project Water Quality Management Plan Preparation Guidance Manual dated June 2006. The WQMP shall be submitted with the first submittal of the Grading Plan. 8_ A suitable location, as approved by the City,shall be depicted on the grading plan for the I necessary trash enclosure(s). The area shall be paved with an impervious surface, designed not to allow run-on from adjoining areas, designed to divert drainage from 1 adjoining roofs and pavements diverted around the area, and screened or walled to prevent off-site transport of trash. The trash enclosure area shall be covered or roofed with a solid, impervious material. Connection of trash area drains into the storm drain system is prohibited. If feasible, the trash enclosure area shall be connected into the sanitary sewer. (DAMP) Item 7. - Page 60 -440- Page 4 of 6 f t y 9. A detailed soils and geological/seismic analysis shall be prepared by a registered engineer. This analysis shall include on site soil sampling and laboratory testing of materials to provide detailed recommendations for grading, over excavation, engineered fill, dewatering, settlement, protection of adjacent structures, chemical and fill properties, liquefaction,retaining walls,streets,and utilities. (MC 17.05.150) 10. If soil remediation is required, a remediation plan shall be submitted to the Planning, I Public Works and Fire Departments for review and approval in accordance with City Specifications No. 431-92 and the conditions of approval. The plan shall include methods to minimize remediation-related impacts on the surrounding properties; details on how all drainage associated with the remediation efforts shall be retained on site and no wastes or pollutants shall escape the site; and shall also identify wind barriers around remediation equipment. (MC 17.05.150/FD Spec_431-92) 11. The applicants grading/erosion control plan shall abide by the provisions of AQMD's E Rule 403 as related to fugitive dust control. (AQMD Rule 403) 1 i 12. The name and phone number of an on-site field supervisor hired by the developer shall be submitted to the Planning and Public Works Departments. In addition, clearly visible I signs shall be posted on the perimeter of the site every 250 feet indicating who shall be s contacted for information regarding this development and any construction/grading- related concerns. This contact person shall be available immediately to address any concerns or issues raised by adjacent property owners during the construction activity. He/She will be responsible for ensuring compliance with the conditions herein, specifically, grading activities, truck routes, construction hours, noise, etc. Signs shall include the applicant's contact number, regarding grading and construction activities, and "1-800-CUTSMOG" in the event there are concerns regarding fugitive dust and compliance with AQMD Rule No. 403. ` 13. The applicant shall notify all property owners and tenants within 300 feet of the perimeter of the property of a tentative grading schedule at least 30 days prior to such grading. THE FOLLOWING DEVELOPMENT REQUIREMENTS SHALL_ BE COMPLIED WITH DURING GRADING OPERATIONS:- 1. An Encroachment Permit is required for all work within the City's right-of-way. (MC 12.38.010/MC 14.36.030) 2. The developer shall coordinate the development of a truck haul route with the Department of Public Works if the import or export of material in excess of 5000 cubic G yards is required. This plan shall include the approximate number of truck trips and the proposed truck haul routes. It shall specify the hours in which transport activities can occur and methods to mitigate construction-related impacts to adjacent residents. These plans must be submitted for approval to the Department of Public Works. (MC 17.05.210) 3. Water trucks will be utilized on the site and shall be available to be used throughout the day during site grading to keep the soil damp enough to prevent.dust being raised by the operations. (California Stormwater BMP Handbook, Construction Wind Erosion WE-1) I t 4. All haul trucks shall arrive at the site no earlier than 8:00 a.m. or leave the site no later than 5:00 p.m., and shall be limited to Monday through Friday only. (MC 17.05) f ATTACHMENT NO- s -441- Item 7. - Page 61 Page 5 of 6 1 E 1 i i 5. Wet down the areas that are to be graded or that is being graded, in the late morning } and afterwork is completed for the day. (WE-1/MC 17.05) t f 6. The construction disturbance area shall be kept as small as possible. (California Stormwater BMP Handbook,Construction Erosion Control EC-1) (DAMP) 7. All haul trucks shall be covered or have water applied to the exposed surface prior to leaving the site to prevent dust from impacting the surrounding areas. (DAMP) I 8. Prior to leaving the site, all haul trucks shall be washed off on-site on a gravel surface to t prevent dirt and dust from leaving the site and impacting public streets. (DAMP) 9. Comply with appropriate sections of AQMD Rule 403, particularly to minimize fugitive dust and noise to surrounding areas. (AQMD Rule 403) 10. Wind barriers shall be installed along the perimeter of the site. (DAMP) 11. Remediation operations, if required, shall be performed in stages concentrating in single areas at a time to minimize the impact of fugitive dust and noise on the surrounding i areas. 12. All construction materials, wastes, grading or demolition debris and stockpiles of soils, - aggregates, soil amendments, etc. shall be properly covered, stored and secured to prevent transport into surface or ground waters by wind, rain, tracking, tidal erosion or dispersion. (DAMP) THE FOLLOWING DEVELOPMENT REQUIREMENTS SHALL BE COMPLETED PRIOR TO ISSUANCE OF A BUILDING PERMIT: 1. A Precise Grading Permit shall be issued. (MC 17.05) j 2. Traffic impact fees for commercial development shall be paid at the rate applicable at the time of Building Permit issuance. The current rate of$163 per net new added daily trip is adjusted annually. This project is forecast to generate 187 new daily trips for a total traffic impact fee of $30,481.00. The rate is subject to an annual adjustment on December 1 st. (MC 17.65) 3. A drainage fee for the subject development shall be paid at the rate applicable at the time of i Building Permit issuance. The current rate of$13,270 per gross acre is subject to periodic adjustments. This project consists of 0.926 gross acres (including its tributary area portions along the half street frontages)for a total required drainage fee of$12,288.02. City records indicate the previous use on this property never paid this required fee. Per provisions of the City Municipal Code, this one time fee shall be paid for all subdivisions or development of land. (MC 14.48) THE FOLLOWING DEVELOPMENT REQUIREMENTS SHALL BE COMPLETED PRIOR TO j FINAL INSPECTION OR OCCUPANCY: t 1. Complete all improvements as shown on the approved grading, and landscape and improvement plans. (MC 17.05) 2. All new utilities shall be undergrounded_ (MC 17.64) 3_ All applicable Public Works fees shall be paid at the current rate unless otherwise stated, ' per the Public Works Fee Schedule adopted by the City Council and available on the city web site at http:/I www.surfcity_hb.orgLlestusers/public works/fee schedule.pdf . (ZSO i 240.06/ZSO 250.16) TTACHMENT NO. 5-6 � Item 7. a Page 62 -442- i : f t t Page 6 of 6 i � i 4. The current tree code requirements shall apply to this site. (ZSO 232) a. Existing trees to remain on site shall not be disfigured or mutilated, (ZSO i 232.04E)and, b. General tree requirements,regarding quantities and sizes. (ZSO 232.08B and i C) i 5. All landscape irrigation and planting installation shall be certified to be in conformance to the City approved landscape plans by the Landscape Architect of record in written form to the City Landscape Architect. (ZSO 232.04D) ' 6. Applicant shall provide City with CD media TIFF images (in City format) and CD (AutoCAD only) copy of complete City Approved landscape construction drawings as stamped "Permanent Fie Copy"prior to starting landscape work. Copies shall be given to the City Landscape Architect for permanent City record. 7. The Water Ordinance#14.52,the"Water Efficient Landscape Requirements'apply for projects with 2500 square feet of landscaping and larger. (MC 14.52) 8. Prior to grading or building permit dose-out and/or the issuance of a certificate of use or a certificate of occupancy,the applicant shall: a. Demonstrate that all structural Best Management Practices (BMPs)described in the Project WQMP have been constructed and installed in conformance with approved plans and specifications. b. Demonstrate all drainage courses, pipes, gutters, basins, etc. are clean and properly constructed. c_ Demonstrate that applicant is prepared to implement all non-structural BMPs described in the Project WQMP. j d. Demonstrate that an adequate number of copies of the approved Project WQMP are available for the future occupiers. i } i t I E ATTACHMENT NO _. s � -443- Item 7e - Page 63 . y} y� L oJi D$j CITY OF HUNTINGTON BEACH i f I PUBLIC WORKS INTERDEPARTMENTAL COMMUNICATION l 3 r SUGGESTED CONDITIONS OF APPROVAL Ir t E DATE: AUGUST 5,2009 1 i PROJECT NAME: ULTIMATE CAR WASH EXPRESS s ENTITLEMENTS: CUP 09-12 PLNG APPLICATION NO: 2009-0174 DATE OF PLANS: JULY 1, 2009 PROJECT LOCATION: 8471 WARNER AVENUE PROJECT PLANNER: ETHAN EDWARDS,ASSOCIATE PLANNER TELEPHONEIE-MAIL: (714)536-5561 /ETHAN.EDWARDS@SURFCITY-HB.ORG PLAN REVIEWER: BOB MILANI, SENIOR CIVIL ENGINEER l TELEPHONEIE-MAIL: 714-374-1735/BOB.MILANI@SURFCITY-HB.ORG PROJECT DESCRIPTION: REQUEST TO DEVELOP A VACANT PARCEL WITH A DRIVE THROUGH CAR WASH. THE FOLLOWING DEVELOPMENT REQUIREMENTS SHALL BE COMPLETED PRIOR TO FINAL INSPECTION OR OCCUPANCY: 1. All existing overhead utilities that occur along the project's Newland Street frontage and Warner Avenue frontage shall be under-grounded. This condition applies to all utilities, { including but not limited to all telephone, electric, and Cable TV lines. If required, a easements shalt be quitclaimed and/or new easements granted to the corresponding utility companies. i i f G_\Engineering Division\DEVELOPMEN%Conditions 2009\Wama 8471-Ultimate Car Wash\August I f ! CUP 2009-12 Conditions(BSM 8-5-09).doc J Item 7. - Page 64 -444- e J� CITY OF HUNTINGTON BEACH PLANNING DEPARTMENT HUNTINGTON BEACH PROJECT IMPLEMENTATION CODE REQUIREMENTS DATE: AUGUST 5, 2009 PROJECT: 2200 SQ. FT. DRIVE THROUGH CARWASH FACILITY PROJECT LOCATION: 8471 WARNER AVENUE REQUESTS: TO PERMIT AN APPROXIMATELY 2200 SQ. FT. DRIVE THROUGH CARWASH FACILITY ON A VACANT LOT. PROJECT PLANNER: ETHAN EDWARDS PLAN REVIEWER: JAN THOMAS TELEPHONE/E-MAIL: (949) 348-8186 JCKTHOMAS�COX.NET The following is a list of code requirements deemed applicable to the proposed project based on plans received. The list is intended to assist the applicant by identifying requirements which must be satisfied during the various stages of project permitting and implementation. A list of conditions of approval adopted by the Zoning Administrator in conjunction with the requested entitlement(s), if any, will also be provided should the project be approved. If you have any questions regarding these requirements, please contact the Plan Reviewer. Cashier: The cashier is in a location that does not allow much visibility into the vacuum parking area. The activity in this area therefore appears to be unmonitored. Is it possible to change the location of the cashier or possibly to adjust the cashier building to allow for-more wiridows/visibility onto the vacuum area? This would have a positive effect on maintaining control over the activities on the property. Cameras: Recommend installing 24/7 surveillance cameras with signs stating such. The signs and cameras may prevent vandalism and other crimes as well as record and document crimes in progress. Recommend posting signs in vulnerable locations such as by the vending machines as well. Driveways: Each of the two driveways shall have enhanced paving treatments_ The enhanced paving helps to distinguish the carwash property from the public street_ Pavement treatments also make it easier to find the property quickly for motorists on Warner and Newland. Since each driveway is designated either an entrance or an exit, each driveway shall be clearly marked so there is no confusion. Motorists who spot a well defined property are less likely to slow down on the street before entering the property. ATT .0 E T NO.-5 .� -445- Item 7. - Page 65 • & HUNTINGTON BEACH FIRE DEPARTMENT PROJECT IMPLEMENTATION CODE REQUIREMENTS "13WINGTON BEACH DATE: JULY 29, 2009_ PROJECT NAME: ULTIMATE CAR WASH EXPRESS ENTITLEMENTS: PLANNING APPLICATION NO. 2009-016 PROJECT LOCATION: 8471 WARNER AVENUE, HUNTINGTON BEACH, CA PLANNER: ETHAN EDWARDS, ASSOCIATE PLANNER TELEPHONE/E-MAIL: (714) 536-5561/ Ethan.Edwards@surfcity-hb.org PLAN REVIEWER-FIRE: DARIN MARESH, FIRE DEVELOPMENT SPECIALIST TELEPHONE/E-MAIL: (714)536-55311 dmaresh@surfcity-hb.org PROJECT DESCRIPTION: TO PERMIT AN APPROXIMATELY 2,200 SQ.FT. DRIVE THROUGH CAR WAS FACILITY ON A VACANT LOT. The following is a list of code requirements deemed applicable to the proposed project based on plans received and dated January 12, 2008. The list is intended to assist the applicant by identifying requirements which must be satisfied during the various stages of project permitting and implementation. A list of conditions of approval adopted by the Planning Commission in conjunction with the requested entitlement(s), if any, will also be provided upon final project approval. If you have any questions regarding these requirements, please contact the Plan Reviewer- Fire: DARIN MARESH, FIRE DEVELOPMENT SPECIALIST. THE FOLLOWING CONDITIONS SHALL BE COMPLETED PRIOR TO ISSUANCE OF A BUILDING PERMIT: Environmental - CURRENT or FORMER GAS STATION OR UST SITE (Underground Storage,Tanks) CURRENT or FORMER GAS STATION OR UST SITE (Underground Storage Tanks) Based on site characteristics, suspected soil contamination, hydraulic hoists, or proximity to former gas station, or underground storage tanks, the following is required: "Soil Testing". A soil testing plan conforming to City Specification #431-92 Soil Clean-Up Standards shall be submitted and approved by the Fire Department. • All soils shall conform to City Specification #431-92 Soil Clean-Up Standards, and testing results must be submitted, and approved by the Fire Department prior to issuance of a grading or building permit_ ATTACHMENT NO. 5 .lo Item 7. - Page 66 -446- Page 2 of 5 • Reference that all soils shall be in compliance with City Specification #431-92 Soil Clean-Up Standards in the plan notes. (FD) "Remediation Action Plan" If contamination is identified, provide a Fire Department approved Remediation Action Plan (RAP) based on requirements found in Huntington Beach City Specification#431-92, Soil Cleanup Standard. Upon remediation action plan approval, a rough grading permit may be issued. (FD) Proof of OCHCA Site Closure or Corrective Action Plan. Removal of flammable or combustible liquid underground storage tanks (UST) requires the applicant to submit one of the following to the Huntington Beach Fire Department: • An approved Orange County Health Care Agency UST Site Closure Letter, or • Provide an Orange County Health Care Agency UST Corrective Action Plan and written permission for co-existence. If OCHCA requires on-going remediation and co-existence with the proposed development is permissible, a copy of the approved Orange County Health Care Agency plan and written permission for co-existence must be submitted in order to obtain Huntington Beach Fire Department approval. Each site will be evaluated on an individual basis. Prior to building construction, all soils shall conform to City Specification #431-92 Soil Clean-Up Standards, and testing results must be submitted, and approved by the Fire Department prior to issuance of a grading permit. (FD) Proof of South Coast Regional Water Quality Control Board Site Closure or Corrective Action Plan. Removal of flammable or combustible liquid underground storage tanks (UST) requires the applicant to submit one of the following to the Huntington Beach Fire Department: • An approved South Coast Regional Water Quality Control Board UST Site Closure Letter, or • Provide a South Coast Regional Water Quality Control Board UST Corrective Action Plan and written permission for co-existence. If SCRWQCB requires on-going remediation and co-existence with the proposed development is permissible, a copy of the approved SCRWQCB plan and written permission for co-existence must be submitted in order to obtain Huntington Beach Fire Department approval. Each site will be evaluated on an individual basis. California Regional Water Quality Control Board — Santa Ana Region ATTACHMENT O.___5_.I ►__ -447- Item 7. - Page 67 Page 3 of 5 3737 Main Street, Suite 500 Riverside, CA 92501-3348 t Phone: (951) 782-4497 FAX: (951) 781-6288 (FD) Conformance to City Specifications DOES NOT relieve the developer's responsibility regarding other concerned agency notification and/or approval (South Coast Regional Water Quality Control Board, South Coast Air Quality Management District, Department of Toxic Substance Control, County of Orange Health Care Agency, etc.). Vapor Extraction Treatment Equipment and Areas as outlined in the Orange County Health Care Agency UST Corrective Action Plan shall conform to City Specification #431, Oil Field Gas Fired Appliances— Stationary and Portable, City Specification #434, Gas Station Remediation Requirements, and the Huntington Beach Oil Code and Building Codes. (FD) "Phase ' Environmental Study' is required. Submit report to the Fire Department for review per City Specification#431-92 Soil Clean-Up Standards. Based on site characteristics, identified former uses, suspected soil contamination, proximity to a producing/abandoned oil well, or Phase 1,11, or III Site Audit, soil testing may be required. If contamination is identified, provide a Fire Department approved Remediation Action Plan (RAP) based on requirements found in Huntington Beach City Specification #431-92, Soil Cleanup Standard. All soil must conform to City Specification #431-92 Soil Clean-Up Standards. (FD) Fire Apparatus Access Fire Access Road Turns and Corners shall be designed with a minimum inner radius of seventeen feet (17') and a minimum outer radius of forty.five feet (45') per City Specification # 401 Minimum Standards for Fire Apparatus Access. For Fire Department approval, reference and demonstrate compliance with City Specification # 401 Minimum Standards for Fire Apparatus Access on the plans. (FD) Secured Vehicle Entries shall utilize KNOX® activated access switches (Knox switches for automated gates, Knox padlocks for manual gates), and comply with City Specification #403, Fire Access for Pedestrian or Vehicular Security Gates & Buildings. Reference compliance in the plan notes. (FD) Secured Automated Vehicle Entry Gates (Residential) shall utilize a combination "Strobe- Activated Switch" and "Knox Manual Key Switch", and comply with City Specification #403, Fire Access for Pedestrian or Vehicular Security Gates & Buildings. Reference compliance with City Specification # 403 Fire Access for Pedestrian or Vehicular Security Gates & Buildings in the plan notes. (FD) ATTAC H M E NT N0. s . Item 7m - Page 68 -448- Page 4 of 5 Fire Protection Systems Fire Extinguishers shall be installed and located in all areas to comply with Huntington Beach Fire Code standards found in City Specification #424. The minimum required dry chemical fire extinguisher size is 2A 10BC and shall be installed within 75 feet travel distance to all portions of the building. Extinguishers are required to be serviced or replaced annually. (FD) Fire Personnel Access Main Secured Building Entries shall utilize a KNOX® Fire Department Access Key Box, installed and in compliance with City Specification #403, Fire Access for Pedestrian or Vehicular Security Gates & Buildings. Please contact the Huntington Beach Fire Department Administrative Office at (714) 536-5411 for information. Reference compliance with City Specification #403 - KNOX® Fire Department Access in the building plan notes. (FD) GIS Mapping Information a. GIS Mapping Information shalt be provided to the Fire Department in compliance with GiS Department CAD Submittal Guideline requirements. Minimum submittals shall include the following: ➢ Site plot plan showing the building footprint. ➢ Specify the type of use for the building ➢ Location of electrical, gas, water, sprinkler system shut-offs. ➢ Fire Sprinkler Connections (FDC) if any. ➢ Knox Access locations for doors, gates, and vehicle access. ➢ Street name and address. Final site plot plan shall be submitted in the following digital format and shall include the following: ➢ Submittal media shall be via CD rom to the Fire Department. ➢ Shall be in accordance with County of Orange Ordinance 3809. ➢ File format shall be in .shp, AutoCAD, AUTOCAD MAP (latest possible release ) drawing file - .DWG (preferred) or Drawing Interchange File - .DXF. ➢ Data should be in NAD83 State Plane, Zone 6, Feet Lambert Conformal Conic Projection. ➢ Separate drawing file for each individual sheet. In compliance with Huntington Beach Standard Sheets, drawing names, pen colors, and layering convention. and conform to City of Huntington Beach Specification # 409 — Street Naming and Addressing. For specific GIS technical requirements, contact the Huntington Beach GIS Department at (714) 536-5574_ ATTA4C M NT NO.- i3 -449- Item 7. - Page 69 Page 5 of 5 For Fire Department approval, reference compliance with GIS Mapping Information in the building plan notes. (FD) 4 THE FOLLOWING CONDITIONS SHALL BE MAINTAINED DURING CONSTRUCTION: a. Fire/Emergency Access And Site Safety shall be maintained during project construction phases in compliance with HBFC Chapter 14, Fire Safety During Construction And Demolition. (FD) b- Fire/Emergency Access And Site Safety shall be maintained during project construction phases in compliance with City Specification #426, Fire Safety Requirements for Construction Sites. (FD) OTHER: a. Discovery of additional soil contamination,or underground pipelines, etc., must be reported to the Fire Department immediately and the approved work plan modified accordingly in compliance with City Specification#431-92 Soil Clean-Up Standards. (FD) b. Outside City Consultants The Fire Department review of this project and subsequent plans may require the use of City consultants. The Huntington Beach City Council approved fee schedule allows the Fire Department to recover consultant fees from the applicant, developer or other responsible party. (FD) Fire Department City Specifications may be obtained at: Huntington Beach Fire Department Administrative Office City Hall 2000 Main Street, 51h floor Huntington Beach, CA 92648 or through the City's website at www.surfcity-hb.org If you have any questions, please contact the Fire Prevention Division at (714) 536-5411. S:\Prevention\1-Developments-Planning Department -Planning Applications, CUP's\2009 CUP's\Warner ave 8471 (ultimate car wash express) PA#2009-016 07-29-09 DM.doc ATTACHMENT NO,--5 . ly Item 70 - Page 70 -450- GeoTracker Page 1 of 1 LW TO THIS MAP GEOTRACKER LAYERS �Leaking Underground Tank (LUST)Cleanup Sites ®Ottra Cleanup Sites H ®Land Disposal Sites Military Sites Permitted Underground Storage Tank(UST) Facilities 0 0 Monitoring Wells El A DTSC Cleanup Sites d DTSC Haz Waste Permit MAP SIZE 640X480 i OPTIONS R Site List-EXPORT TO EXCEL 4 Sites El SHOW SITES WCFHIN 1000 FEET OF THE FOLLOWING ADDRESS 8471 WARNER AVENUE,HUNTINGTON BEAC SITE UST SITE ENAME §I.OBAE ID CLEANUP STATUS ADDRESS CITY ® SAAD SERVICE CENTER T0605901586 OPEN-SITE ASSESSMENT 8471 WARNER AVE HUNTINGTON BEACH ® TEXACO T0605900320 OPEN-RE MEDIATION 8520 WARNER FOUNTAIN VALLEY ® TEXACO OIL T0605963393 COMPLETED-CASE CLOSED 8520 WARNER FOUNTAIN VALLEY MAP AN ADDRESS: Go! ATTACHMENT O._.5_ . �S http://www.geotracker.sNvrcb.ca.gOV/Tnap/ -451- Item 7. - Page 71 GeoTracker Page I of 9 f STATE WATER RESOURCES CONTROL BOARD GEOTRACKER' SAAD SERVICE CENTER(T0605901586) -(MAP) 8471 WARNER AVE CLEANUP OVERSIGHT AGENCIES HUNTINGTONBEACH,CA 92647 SANTAPMRWRCB(REGION 8)XE40)-Ci4SEit083002147E CASEWORKM NANCYOLSON-MARTIN ORANGE COUNTY ORANM COUNTY LOP-CASE n:92Ur109 LUST CLEANUP SITE CUF CWIM A: 11350 CUE Amount Paid- $231.966 Regulatory Profile CLEANUP STATUS OPEN-SITE ASSESSMENT AS OF 11/20/2007 POTENTIAL CONTAMINANTS OF CONCERN POTENTIAL MEDIA AFFECTED GASOLINE OTHER GROUNDWATER(USES OTHER THAN DRINKING WATER) FILE LOCATION Site History No site history available Cleanup Status History DATE S7"ATUS 11/20/2007 Open-Site Assessment 8/24/2007 Open-Site Assessment 3/30/2005 Open-Site Assessment 10/18/2004 Open-Site Assessment 9/17/2004 Open-Site Assessment 9/2/1992 Open-Case Begin Date f 9/2/1992 Open-Site Assessment I Regulatory Activities ACTION TYPE ACTION DATE ACTION RESPONSE-OTHER 6/3012009 Seim-Report or Statement from Legal or Financial 1 Representative RESPONSE-OTHER 6/30/2009 Confirmation if Appeal for Priority Class B was Submitted to the Fund NIEWDOCS) ENFORCEMENTIORDERS 5/22/2009 Staff Letter RESPONSE-REPORTS '3/15/2009 Ah Quarter 2008 Groundwater Monitoring and Sampling Report RESPONSE-OTHER 12/212008 Verbal Communication f ' RESPONSE-REPORTS 11/30/2008 3rd Quarter 2008 Groundwater Monitoring and Sampling j}I Report RESPONSE-REPORTS 11/17/2008 Documents Related to the Off-Site Access Agreements RESPONSE-REPORTS '8/1/2009 Geoprobe Investigation Results RESPONSE-REPORTS '8/1/2009 Well Installation Report for SVE Wells(VW1 through VW8) RESPONSE-OTHER 10/24/2008 Status of Site(Representative of a Prospective Buyer) RESPONSE- WORKPLANS 10/3/2008 Addendum to the Workplan v(_IEWDOc ENFORCEMENT/ORDERS 10/1/2008 Staff Letter i i ENFORCEMENTIORDERS 9/19/2008 Staff Letter RESPONSE-REPORTS 9/12/2008 Revised Plate 22 (SVE Well Locations) f h"-//— ­,tracker.swrcb.ca. P ov/ rofile re or' -- lobal_id=T0605901586 7/29/2009 Item 7a - Page 72 g P -452- MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room B-8-Civic Center 2000 Main Street Huntington Beach California WEDNESDAY, SEPTEMBER 23, 2009- 1:30 P.M. ZONING ADMINISTRATOR: Ricky Ramos STAFF MEMBER: Ethan Edwards, Jill Arabe, Rami Talleh, Kimberly De Coite (recording secretary) MINUTES: NONE ORAL COMMUNICATION: NONE ITEM 1: CONDITIONAL USE PERMIT NO. 2009-012(NEWLAND CARWASH) APPLICANT: Thomas Hwang, 616 Imperial, LLC PROPERTY OWNER: 616 Imperial, LLC, 1050 E. Anaheim Street, Long Beach, CA 90813 REQUEST: To permit the construction of an approximately 2,200 sq. ft. express service carwash building and associated site improvements, on a vacant 22,363 sq_ ft. vacant lot. LOCATION: 8471 Warner Avenue, 92647 (northwest comer of Warner Avenue and Newland Street) PROJECT PLANNER: Ethan Edwards Ethan Edwards, Associate Planner, displayed project plans and photographs and stated the purpose, location, zoning, and existing use of the subject site. Staff presented an overview of the proposed project. Mr. Edwards stated that staff had received no formal public comments. Mr. Edwards recommended that the project be continued to the October 14, 2009, Zoning Administrator Meeting in order for the project to be reviewed by the Design Review Board prior to Zoning Administrator action. THE PUBLIC HEARING WAS OPENED. Thomas Hwang, applicant, indicated that he was in agreement with the recommendation for continuance. Paul Gray, resident, stated that he was concerned with traffic impacts. He indicated that the intersection of Warner Avenue and Newland Street currently has a high level of traffic and expressed concern that the addition of the proposed carwash would increase the risk of traffic incidents. He indicated that he did not see the need for another carwash in that area. G:1ZAV.AMIM091o9zm0923.Doc t (09zm0923) ATTACHMENT NO, -453- Item 7. - Page 73 Steve Park, resident, stated that he disagreed with the noise analysis and felt the data was misleading. He submitted a letter regarding the noise analysis to Mr. Ramos. He stated that he felt there was an adequate number of carwashes in the surrounding area. Mr. Ramos stated that the number of carwashes in the area was not under his purview. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Mr. Ramos stated that he would continue the item as recommended by staff. CONDITIONAL USE PERMIT NO.2009-012 WAS CONTINUED TO THE OCTOBER 14,2009 MEETING. ITEM 2: ENTITLEMENT PLAN AMENDMENT NO. 2009-008 (AMENDMENT TO ONDITIONAL USE PERMIT NO. 96-50—SAKURA SIGN &TRELLIS) AP NT: Andy Dang, Dang &Associates Inc. PROP OWNER: Dang & Associates Inc., 18582 Derby Circle, Huntington Beach, CA 92648 REQUEST: To amend a previously approved plan to allow for a two-foot trellis extension to the existing six-foot high plexiglass wall surrounding the outdoor dining area and 10'-6" entry monumentation within the front yard setback in lieu of the maximum allowed height of 42 inches. LOCATION: 871 Beach Boulevard, 92647 (west side of Beach Boulevard, n of Warner Avenue) PROJECT PLANNER: Jill e Jill Arabe, Assistant Planner, displayed 'ect plans and photographs and stated the purpose, location, zoning, and existing use of the s ' site. Staff presented an overview of the proposed project and the suggested findings d conditions for approval as presented in the executive summary. — Ms. Arabe stated that staff had received no public co ants. Mr. Ramos asked staff if all the extensions were being view as fence extensions. Ms.Arabe confirmed that they were. Mr. Ramos asked if Building Department staff had any concerns with a project. Ms.Arabe stated that Building Department staff had no concerns as long as a stru ral engineer could provide plans for the project. THE PUBLIC HEARING WAS OPENED. Andy Dang, applicant, stated that he had no comments or concerns with staffs recommendations. G:�ZAVAMIN"Wzm0923-Doc 2 (09zm0923) ATTACHMENT NO..6,!��_;� Item 7. - Page -454- MINUTES y HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room B-8-Civic Center 2000 Main Street Huntington Beach California WEDNESDAY,OCTOBER 14, 2009-1:30 P.M. ZONING ADMINISTRATOR: Ricky Ramos STAFF MEMBER: Tess Nguyen, Andrew Gonzales, Rami Talleh, Kimberly De Coite (recording secretary) MINUTES: NONE ORAL COMMUNICATION: NON ITEM 1: CONDITIONAL USE PERMIT NO. 2009-012(NEWLAND CARWASH) APPLICANT. Thomas Hwang, 616 Imperial, LLC PROPERTY OWNER: 616 imperial, LLC, 1050 E. Anaheim Street, Long Beach, CA 90813 REQUEST: To permit the construction of an approximately 2,200 sq. ft. express service carwash building and associated site improvements, on a 22,363 sq. ft. vacant lot. LOCATION: 8471 Warner Avenue, 92647 (northwest comer of Warner Avenue and Newland Street) PROJECT PLANNER: Ethan Edwards Andrew Gonzales, Associate Planner, stated that the applicant had requested a continuation to the November 18, 2009, Zoning Administrator meeting and that staff agreed with the request. He noted that the applicant had submitted a request fora 90 day extension to the application to provide additional time to address issues raised at the September 23, 2009 Zoning Administrator meeting. AS THERE WERE NO PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST, THE PUBLIC HEARING WAS NOT OPENED. Mr. Ramos stated that he would continue the item as requested by the applicant. CONDITIONAL USE PERMIT NO. 2009-012 WAS CONTINUED TO THE NOVEMBER 18, 2009 MEETING. G;2A7A1AN109\09zm1014.Dm (M m1014) ATTACHMENT NO.� -455- Item 7. - Page 75 ` MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room B-S-Civic Center 2000 Main Street Huntington Beach Califomia WEDNESDAY, NOVEMBER 18,2009 -1:30 P.M. ZONING ADMINISTRATOR: Ricky Ramos STAFF MEMBER: Ethan Edwards, Jill Arabe, Andrew Gonzales, Kimberly De Coite (recording secretary) MINUTES: NONE ORAL COMMUNICATION: NONE ITEM 1: CONDITIONAL USE PERMIT NO. 2009-012 (NEWLAND CARWASH- CONTINUED FROM THE OCTOBER 14. 2009.MEETING ) APPLICANT: Thomas Hwang,616 Imperial, LLC PROPERTY OWNER: 616 Imperial, LLC, 1050 E. Anaheim Street, Long Beach, CA 90813 REQUEST: To permit the construction of an approximately 2,200 sq. ft. express service carwash building and associated site improvements, on a 22,363 sq. fL vacant lot. LOCATION: 8471 Warner Avenue, 92647 (northwest comer of Warner Avenue and Newland Street) PROJECT PLANNER: Ethan Edwards Ethan Edwards, Associate Planner, displayed project plans and photographs and stated the purpose, location, zoning, and existing use of the subject site. Staff presented an overview of the proposed project and the suggested findings and conditions for approval as presented in the executive summary. Mr. Edwards stated that staff had received public comments in opposition to the project, citing concerns related to the design, circulation, and potential noise impacts. Mr. Edwards noted that staff had revised the suggested conditions of approval which require revised site plans and the undergrounding of utilities prior to issuance of a building permit. Mr. Ramos asked if the carwash would have attendants. Mr. Edwards stated that there would be attendants on-site during hours of operation. Mr. Ramos asked if Public Works staff had reviewed the project. Mr. Edwards stated that traffic division staff had reviewed the site plan and determined that the internal circulation was adequate and that there would be no significant impacts to the circulation on Warner Avenue and Newland Street. THE PUBLIC HEARING WAS OPENED. G:1ZA\ZAMIN\49108zm1118,Doc (09Zm1118) _ Item 7e - Page 76 — -456- ATTACHMENT NO 9 -� Thomas Hwang, applicant, stated that he had reviewed the suggested conditions of approval and had no concerns. Mary Martin, 17201 Hague Lane, spoke in opposition to the project, citing concerns with potential noise impacts. She stated that she felt that any noise impacts would be detrimental to the quality of life for the neighboring residents and noted that there are at least two carwashes in operation within one mile of.the site. She expressed concern with the hours of operation. She stated that she felt the intersection of Warner Avenue and Newland Street is already heavily travelled and was concerned with the additional traffic this project would generate. She asked for clarification with the projects onsite circulation. Mr. Ramos reviewed the onsite circulation and noted that the driveway on Newland Street would be for exiting traffic only. Ms. Martin asked if there would be attendants onsite and Mr. Hwang stated that there would be at least two attendants on the premises at all times, including one to operate the cash register. Ms. Martin expressed concern about additional pollution caused by the project and Mr. Ramos stated that the project is exempt under the California Environmental Quality Act, as noted in the Executive Summary for the request Lary Kennepohi, local business owner, gave a brief presentation in opposition to the project. He stated that the site was too small to accommodate the anticipated volume of cars. He stated that the onsite circulation plan would not work and expressed concern about potential traffic accidents. Mr. Kennepohl submitted pictures of Mr. Hwang's carwash operation in the City of Long Beach and stated that the site was poorly maintained. James Aspaas, 17201 Hague Lane, spoke in opposition to the project, citing concerns over potential noise impacts. He stated that the site was too small to accommodate the project and that he felt there was potential for traffic impacts. Michelle Nguyen, neighboring property owner, spoke in opposition to the request, citing the project's potential for traffic and noise impacts. She stated that she was concerned that potential pollution from the dust of the vacuum stations will have a negative effect on the health of her tenants. Troy Grover, 8421 Amsterdam Drive, spoke in opposition to the project, citing noise and traffic impacts. He noted that the noise from Warner Avenue was already excessive and that it would cumulatively increase with the addition of this project Michael Depin, 8411 Amsterdam Drive, spoke in opposition to the project, citing the potential noise impact He noted that there are four carwashes near the site and he does not feel there is a need for another. Mr. Ramos stated that his decision must be based on land use issues and that he could not address competition and the concentration of carwashes in the area. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Mr. Ramos asked Mr. Hwang to address Ms. Nguyen's concerns about the vacuums. Mr. Hwang stated that the refuse from the vacuums will be collected inside the building and noted that the use of the vacuums was optional. Mr. Ramos asked if there would be attendants drying the cars. Mr. Hwang indicated that he was unsure. Mr. Ramos asked staff if the narrative clarified whether there would be manual G:1ZAIZAMIN 09109zin1118.Doc 2 (09zm1118) ATTACHMENT NO. �Z,-t -457- Item 7. - Page 77 drying and stated his concern with the potential of vehicular stacking. Mr. Hwang stated that stacking potential was caused by staff cleaning the inside of the cars and that this option would not be offered. Mr. Ramos asked staff if the parking spaces would also function as the vacuuming sites and Mr. Edwards confirmed this. Mr. Ramos stated that the request included a noise study that stated that the project will not exceed the noise threshold as established by the municipal noise ordinance. He noted that should the study be inaccurate the project will still be required to comply with established thresholds and that any further issues/complaints can be filed with Code Enforcement staff. Mr. Ramos noted that traffic engineering staff had reviewed the request and stated that the project will not have significant traffic impacts. He stated that he believed the site to have adequate area for stacking and that any maintenance issues can be addressed with Code Enforcement. Mr. Grover asked how potential noise from customers would be handled. Mr. Ramos noted that suggested Condition No. 4d indicated that carwash employees would be responsible for policing customer noise. Mr. Ramos asked if the mitigation measures noted in the noise study were included in the suggested conditions of approval and Mr. Edwards confirmed this. Ms. Nguyen asked if the adjoining wall between the site and her property could be extended to help attenuate noise. Mr. Edwards stated that the 12 ft. canopy included in the site plan would mitigate the noise impacts. Mr. Ramos stated that based on the information provided, he would approve the request as recommended by staff with minor modifications to the findings and conditions of approval. CONDITIONAL USE PERMIT NO. 2009-012 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND CONDITIONS OF APPROVAL. STAFF STATED THAT THE ACTION TAKEN BY THE ZONING ADMINISTRATOR MAY BE APPEALED TO THE PLANNING COMMISSION WITHIN TEN(10)CALENDAR DAYS. FINDINGS FOR PROJECTS EXEMPT FROM CEQA: The Zoning Administrator finds that the project will not have any significant effect on the environment and is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to section 15303 of the CEQA Guidelines, because the proposed project consists of the construction of a new commercial building with less than 10,000 square feet of floor area not involving significant amounts of hazardous substances on a site where public services and facilities are available and the surrounding area is not environmentally sensitive. FINDINGS FOR APPROVAL-CONDITIONAL USE PERMIT NO.2009-012: 1. Conditional Use Permit No. 2009-012 to permit the redevelopment of a former gas station site with the construction of an approximately 2,336 sq. ft, express carwash building and associated site improvements will not be detrimental to the general welfare of persons G'.2NZAM1"9)09zm1118.Dm 3 (09zm1118) -item 7. - Page 78_ _ -458- ATTACHMENT NO, � .� woridng or residing in the vicinity or detrimental to the value of the property and improvements in the neighborhood. The project will not significantly impact adjoining residential properties located to the north and west of the site. The carwash building will be sited furthest away from residential uses at the southeast comer of the property. The residential uses to the west will be buffered from the carwash by an approximately 65 ft. separation consisting of a drive aisle, panting lot landscaping, 12 fL high noise attenuating screen canopy, 10 ft. wide landscape planter, and a 6 ft. high block wall. Residential uses to the north will be buffered from the carwash by a drive aisle and-a 5 ft setback with landscaping. A noise study was submitted indicating compliance with established noise level thresholds. Noise will be attenuated through operational requirements and onsite improvements which include limited operating hours, a perimeter block wall and appropriate building orientation. Additionally, noise emitting mechanical equipment will be enclosed within the building and oriented away from residential properties. Furthermore,the use will be subject to compliance with the City of Huntington Beach Noise Ordinance(Chapter 8.40 Noise Control) and based upon the conditions imposed, potential noise impacts will be mitigated. Lighting will be designed to be directed onto the project site without any spillage onto adjacent properties. The project is on a site of a former auto-related use; consequently no significant traffic impacts are anticipated. The project will provide adequate on-site parking and will not present unsafe conditions for pedestrians or vehicular circulation. 2. The conditional use permit will be compatible with surrounding developments because the carwash building will be located on commercially zoned property, formerly occupied by a gas station, in an area containing similar auto-related land uses. The building's architecture is consistent with the surrounding neighborhood by providing appropriate scale through a single story design and appropriate proportion and character through variable fagade offsets and harmonious colors and materials. The proposed development, as conditioned, conforms to the design criteria as stipulated within the City's Urban Design Guidelines by siting the building at the street comer, accommodating anticipated circulation patterns between vehicles and pedestrians, improving the driveways to current standards, and minimizing the visibility of mechanical equipment within the carwash tunnel openings. 3. The development will comply with the provisions of the base district and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Sub-division Ordinance, including minimum building setbacks, minimum on-site parking and minimum onsite landscaping, maximum building height and maximum floor area ratio. The proposed car wash use is permitted within the CG (General Commercial) zoning district with approval of a conditional use permit. 4. The granting of the conditional use permit will not adversely affect the General Plan. It is consistent with the Land Use Element designation CG-F1 (General Commercial — 0.35 maximum floor area ratio) on the subject property. In addition, it is consistent with the following goals, objectives and policies of the General Plan_ Land Use Element ObiecUv+e - LU 10.1: Provide for the continuation of existing and the development of a diversity of retail and service commercial uses that are oriented to the needs of local residents. G:1ZAIZAMIN109t09zm1118.Doc 4 (09zm1118) -459- ATTACHMFitem�- Page 79 LU 10.1.4. Require that commercial buildings and sites be designed to achieve a high level of architectural and site layout quality. PQfia - LU 10.1.6. Require that commercial projects abutting residential properties adequately protect the residential use from the excessive or incompatible impacts of noise, light, vehicular traffic,visual character, and operational hazards. Policy-LU 10.1.12. Require that commercial uses be designed and developed to achieve a high level of quality, distinctive character, and compatibility with existing uses and development including consideration of. a. Incorporation of site landscape, particularly along street frontages and in parking lots; d. Siting of building to the street frontage to convey a visual relationship to the street and sidewalks; e. Architectural treatment of buildings to minimize visual bulk and mass, using techniques such as the modulation of building volumes and articulation of all elevations. The project is a redevelopment of a former gas station site with a new express carwash facility. The proposed use will redevelop a currently vacant site with a facility that caters to the needs of local residents. The project will not significantly impact the adjoining residential property to the north and west of the site. The carwash building will be sited furthest away from residential uses. The residential uses to the west will be buffered from the carwash by an approximately 65 ft- separation consisting of a drive aisle, parking lot landscaping, 12 ft. high noise attenuating screen canopy, 10 ft. wide landscape planter, and a S ft. high block wall. Residential uses to the north will be buffered from the carwash by a drive aisle and a 5 ft. setback with landscaping. The mechanical equipment associated with the carwash will be located inside the building; in addition, the building is oriented so that the carwash tunnel openings do not directly face adjacent residential uses. Lighting will be designed to be directed onto the project site without any spillage on to adjacent properties. Urban Design Element Obiective - UD 1.1: identify and reinforce a distinctive architectural and environmental image for each district in Huntington Beach. Policy- UD 1.2.1.E. Enhance the connections, where feasible between the public sidewalk and private commercial interior open spaces as described by the Land Use Element by using decorative paving materials. The proposed design of the carwash building will incorporate distinctive architecture which includes variations to the roof height and form, insets and offsets in the building facade to create enhanced visual relief and break up of building mass, and variations in exterior building treatments. The project will incorporate a connection from the public sidewalk on Wamer Avenue and Newland Street by providing clear and identifiable access to the carwash building. G:\ZA1ZAMIN\WZ9zm1118.Doc 5 (09zm1118) _ stem 7o Page 80 _4s®_ ATTACHMENT NO. . Noise Fl@ICTBITt Obiective-N 1.4: Minimize noise spillover or encroachment from commercial and industrial land uses into adjoining residential neighborhoods or'noise-sensitive*uses. Obiecfrv@-N 1.4.3. Require that the parking areas of all commercial and industrial land uses, which abut residential areas, to be buffered and shielded by walls, fences, or adequate landscaping, A noise study prepared by Giroux&Associates on November 6, 2009 identifies that project noise levels will not cumulatively contribute to an increase in levels above established thresholds. Noise will be attenuated through operational requirements and onsite improvements which include limiting the hours of operation, and providing for a perimeter block wall and appropriate building orientation. Additionally, noise emitting mechanical equipment will be enclosed within the building and oriented away from residential properties. _ _ CONDITIONS OF APPROVAL-CONDITIONAL USE PERMIT NO. 2009-012: 1. The site plan, floor plans, and elevations received and dated September 9, 2009 shall be the conceptually approved design with the following modifications: a. Landscaped setbacks along both street frontages shall incorporate mounding, shrubbery and vertical elements to enhance the aesthetics of the site and provide for additional screening at the openings to the carwash tunnel and interior mechanical equipment. Provide a revised site plan that depicts the proposed landscaping and screening elements to be reviewed and approved by the City's Landscape Architect and Planning Department b. The Recovery and Collection Hydro-Carbons area located at the northwest comer of the site shall provide screening to match the adjacent trash enclosure. All screening enclosures shall be compatible and provide materials found in the carwash building. Provide a revised site plan that depicts the screening detail to be reviewed and approved by the Planning Department, 2. Prior to submittal for building permits,the following shall be completed: a. One set of project plans, revised pursuant to Condition of Approval No. 1, shall be submitted for review, approval and inclusion in the entitlement file, to the Planning Department. 3. Prior to final building permit, all existing overhead utilities located along the Newland Street and Warner Avenue frontage shall be undergrounded. This shall include all utilities, including but not limited to telephone, electric, and Cable TV lines. If required, easements shall be quitclaimed and/or granted to the corresponding utility companies. (PM 4. The use shall comply with the following: a_ The car wash facility shall not be operational from S p-m. to 7 a.m. G:VZA\ZAMI NWV)9zm1118.Doc 6 (05tm1118) ATTACHMFKIT n10 =' -461- Item 7. - Page 81 = b. The car wash dryer units shall be equipped ry eq Peed with a silencer. c. Paging and music system speakers located or being activated outside of the building shall be prohibited. d. Customers shall be cautioned against the creation of unacceptably loud noise during waiting and within the vacuumtwipe off areas by signage posted near this area. Customer noise dearly audible beyond the property line(5 dB or more above ambient) shall be eliminated immediately by staff intervention. 5. Incorporating sustainable or `green" building practices into the design of the proposed structures and associated site improvements is highly encouraged. Sustainable building practices may include (but are not limited to) those recommended by the U.S. Green Building Council's Leadership in Energy and Environmental Design (LEED) Program certification (httl2:/lwww.usgbc.org/DisplayPage.aspx?CategoryiD=19} or Build it Green's Green Building Guidelines and Rating Systems (http://www.builditgreen.orglindex.cfm?fuseaction=guidelines). INDEMNIFICATION AND HOLD HARMLESS CONDITION: The owner of the property which is the subject of this project and the project applicant if different from the property owner, and each of their heirs, successors and assigns, shall defend, indemnify and hold harmless the City of Huntington Beach and its agents, officers, and employees from any claim, action or proceedings, liability cost, including attomey's fees and costs against the City or its agents, officers or employees, to attack, set aside, void or annul any approval of the City, including but not limited to any approval granted by the City Council, Planning Commission, or Design Review Board concerning this project. The City shall promptly notify the applicant of any claim, action or proceeding and should cooperate fully in the defense thereof. ITEM 2: COASTAL DEVELOPMENT PERMIT NO. 2009-008 SCHULTZ RESIDENCE APP NT! PROPER WNER: Dan Schultz, 16419 Wimbeldon Lane, Huntington Beach, CA 92649 REQUEST: To permit the construction of a 368 sq. ft., two-story addition to an existing 1,984 sq, ft., two-story attached residential unit. LOCATION: 19 Wimbledon Lane, 92649 (west of Saybrook Lane, south of Hu t Drive) PROJECT PLANNER: Jill Arabe Jill Arabe, Assistant Planner, displayed project and photographs and stated the purpose, location, zoning, and existing use of the subject Staff presented an overview of the proposed project and the suggested findings and condi for approval as presented in the executive summary. Mr. Ramos asked for clarification on a small part of the site plan. Ms. a indicated that this was an open patio. Mr. Ramos asked if staff had any doubts that the requ ould meet the open space requirements. Ms. Arabe stated that staff believed that, based a square GA7-At7AMIM09109zm1118.Boc 7 (09zm1118) _ Item 7. - Page 82 ----- -462- ATTACHMENT NO. g -6 ,— Giroux & Assoa Jes En-vironmental ConNtdtants � �N{�u4nVt► ea�lG�ID NOISE IMPACT ANALYSIS HUNTINGTON BEACH CAR WASH HUNTINGTON BEACH, CALIFORNIA Prepared for: Richard Hwang 1050 E. Anaheim Street Long Beach,CA 90813 Prepared by: - ianftiro Senior Analyst Giroux & Associates Date: November 6, 2009 Project No_: P09-025 N ATTACHMENT NO, _ 1820 F. Garry Street, Santa Ana. CA 92705 Ph-463-))387-5477 Fax(949)387-5478 - Item `fie - Page 83 INTRODUCTION Installation of a car wash is proposed at the 8471 Warner Avenue in Huntington Beach. The site is on the northwest corner of the intersection of Warner Avenue and Newland Street. There is an existing 6-foot block wall along the entire northern and western site perimeter. Apartments are 16cated directly north of the site. The apartment building is two stories.Along the southern half of the western perimeter there are single story multi-family residences. There is a drive alley and parking along the northwestern project perimeter. BACKGROUND NOISE DESCRIPTORS Sound is mechanical energy transmitted by pressure waves in a compressible medium such as air. Noise is generally defined as unwanted sound. Sound is characterized by various parameters that describe the rate of oscillation of sound waves, the distance between successive troughs or crests, the speed of propagation, and the pressure level or energy content of a given sound wave. In particular, the sound pressure level has become the most common descriptor used to characterize the loudness of an ambient sound level. The unit of sound pressure expressed as a ratio to the lowest sound level detectable by a young person with good auditory acuity is called a decibel (dB). Because sound or noise can vary in intensity by over one million times within the range of human hearing, decibels are a logarithmic progression used to keep sound intensity numbers at a convenient and manageable level. Since the human ear is not equally sensitive to all sound frequencies within the entire spectrum,noise levels at maximum human sensitivity are factored more heavily into sound descriptions in a process called "A-weighting" written as dBA. Any further reference to decibels written as "dB" should be understood to be A-weighted. Most environmental noise includes a combination of local noise sources and those from distant sources that create a relatively steady background noise_ in which no -.particular--source is - identifiable. A single descriptor called the LEQ (equivalent sound level) is most commonly used for environmental noise. LEQ is the energy-mean A-weighted sound level during a measured time interval. It is the 'equivalent' constant sound level that would have to be produced by a given source to equal the fluctuating level measured. Another sound descriptor has been developed in an attempt to characterize the "total" sound environment. This descriptor penalizes noise levels during periods of greater noise sensitivity to create an artificially weighted 24-hour exposure. This noise metric is known as the Community Noise Equivalent Level (or CNEL). It is calculated by adding a 5 decibel penalty to sound levels in the evening (7:00 p.m. to 10:00 p.m.), and a 10 decibel penalty to sound levels in the night (10:00 p.m. to 7:00 a.m.) to compensate for the increased sensitivity to noise during the quieter evening and nighttime hours. California state law requires that development planning use CNEL's as the appropriate noise/land use compatibility criterion. 'They are used mainly to make land use decisions regarding noise �4�4� ATTACHME T NO. •," ._. Item 7. - Page 84 "` _ " exposure for those noise sou?­:�s pre-empted from local control sue' as motor vehicles, airplanes, trains, etc. In contrast to le performance standards governirxg` sources amenable to local control, CNEL's are therefore more reactive to the noise environment rather than being proactive noise control standards. Where not preempted from exercising control, jurisdictions regulate the amount of noise experienced at the property line of one property from noise generated by another through the community noise ordinance. The municipal code of the City Huntington Beach establishes noise standards for fixed facilities such as car washes. Noise generated during operation of the facility is regulated though noise performance standards for the equipment at the nearest residential property line. NOISE ORDINANCE STANDARDS-CITY OF HUNTINGTON BEACH MUNICIPAL CODE The City of Huntington Beach has adopted a Noise Ordinance (Chapter 8.40 of the Huntington Beach Municipal Code), which identifies exterior and interior noise standards, specific noise restrictions, exemptions, and variances for sources of noise within the City. The Noise Ordinance applies to all noise generated on one land use that impacts an adjacent use, typically stationary noise sources. Noise standards apply to noise emanating from one property and crossing the property line of another property. Exceptions include transportation noise from vehicles operated upon any public highway, roadway, trains airplanes etc. As such, the Municipal Code provides standards against possibly intrusive noises such as car washes. The exterior noise standards shown in Table 1 are established in the City's Noise Ordinance, Section 8.40.050, are identified in Table 4.9-5 (City of Huntington Beach Noise Ordinance Exterior Noise Standards),along with the exterior noise levels that are prohibited as established by Section 8.40.060. Jurisdictions typically allow for a relaxation of standards if baseline noise levels already exceed the Table 1 values. If the ambient noise level is greater than the identified noise standards, the noise standard becomes the ambient noise level without the offending noise. For this project the standards for Zone 1, residential uses apply. In accordance with Section 8.40.090(d) construction noise activities are exempt from the Noise Ordinance, provided that the construction activities do not occur between the hours of 8.00 P.M. and 7:00 A.M. on weekdays and Saturdays, or at any time on Sundays or federal holidays. ATTCHEr 1 N:���` _9.1 Hi.6,,gron BcachCw Wash -465- item /y ® . - ridge 85 Table 1 --Auntington Beach Municipal Code Exterior Noise Standards Noise Zone Noise Level Time Period 1 55 dB(A 7 a.m. - 10 p.m. 50 dB(A) 10 p.m. - 7 a.m_ 2 55 dB(A) Anytime 3 60 dB(A) Anytime 4 70 dB(A) Anytime Noise Zone l: All residential properties; Noise Zone 2: All professional office and public institutional properties; Noise Zone 3: All commercial properties with the exception of professional office uses Noise Zone 4: All industrial properties. (2379-7/79) In the event the alleged offensive noise consists entirely of impact noise, simple tone noise, speech,music, or any combination thereof, each of the above noise levels shall be reduced by five (5)dB(A). It shall be unlawful for any person at any location within the incorporated area of the City to create any noise, or to allow the creation of any noise on property owned, leased, occupied, or otherwise controlled by such person,which causes the noise level when measured on any residential,public institutional,professional, commercial or industrial property, either within or without the City, to exceed the applicable noise standards: (a) For a cumulative period of more than thirty(30) minutes in any hour; (b) Plus 5 dB(A) for a cumulative period of more than fifteen (15) minutes in any hour; (c) Plus 10 dB(A) for a cumulative period of more than five (5) minutes in any hour; (d) Plus 15 dB(A) for a cumulative period of_rnore than one(ly minute in any hour, or (e) Plus 20 dB(A) for any period of time. In the event the ambient noise level exceeds any of the first four noise limit categories above, the cumulative period applicable to said category shall be increased to reflect said ambient noise level. In the event the ambient noise level exceeds the fifth noise limit category, the maximum allowable noise level under said category shall be increased to reflect the maximum ambient noise level. Item 7. - Page 86 -466- BASELINE NOISE LEVELS Existing noise levels near the proposed project site derive mainly from vehicular sources on the adjacent arterial roads in the area. The proposed project site is currently vacant land. Thf, surrounding area is developed with residential uses to the north and west. The site is bounded b� Newland Street to the east and Warner Avenue to the south. Because the noise compliance threshold depends upon the acoustic baseline condition, an on-site noise measurement was made on June 13th through 15th, 2009 for 48 hours, at two on-site locations. The 24-hour CNEL was calculated for two 24-hour time periods since 48 hours of data was obtained. Meter 1 was located closer to Newland Street and Meter 2 was closer to the Warner Avenue boundary. The measured noise levels at these two locations are shown in Table 2 and a map showing the meter locations is provided in Figure 1. The noise ordinance compliance standard can be adjusted if the baseline level already exceeds the standard. The car wash portion of the project is presumed to operate only during "daytime" conditions which extend from 7 a.m. to 10 p.m. As seen in Table 2, noise measurements along the northern portion of the site demonstrate the lowest daytime level to be 63 dB Leq at 8-9 p.m. and the lowest nighttime reading is 54 dB Leq at 2-3 a.m. Measurements along the southern portion of the site demonstrate the lowest daytime level to be 67 dB Leq and lowest nighttime level to be 59 dB Leq. Because the site is moderately impacted by traffic noise, the strictest residential noise standard: shown in Table 1 may be relaxed. Operation of the car wash was assumed restricted to the hours of 7 a.m. to 10 p.m. ("daytime" standards). The quietest noise level observed during each noise limit category was abstracted from the measurements. Table 3 compares the measurements and shows which ordinance standards may be relaxed to accommodate the elevated background level. The Newland Street exposure close to the existing apartment is the relevant standard for the proposed project. The column entitled "Adjusted Standard" shows that small adjustments of the 30-, 15-, and 5-minute standards are warranted. No adjustment of the !-minute or absolute maximum standard is suggested by the baseline noise measurements. -467- item 7. - Page 87 Humrngton CiexhCar\Nash �+ r . 7A r tl�d I't i ° J'- ire _t h" z 3 l t• s ! i +y r 1 S r YFff" 1t�'Ay( ti rti"'�C, t� t 1 l j�tP!a�N... Y- dtk7,� s.` y ,sty �€1 syl t-�{r\'c -�'� `r�tP�' �j� r3 !G��' S�{�t• "e r' $� A�:����' lek ,. i 1 rT - 1�,KjSfixb x-Fl 1 t y+t r `y� ( I � �",� S �i Ty Ev 1.tl -{P '}"4�1 r7r �t �� sU ��� �} "'#y ti�tH a} I r} I i'f� tY �t�• r'r. 14 q '. :;R r rl i tt tilt 1! �" t r rcItl xJi �I 4e lxa .� ��J. � 3 I `n r<a>z�F�tt��,},f4 'Q _. � �i� 1 t 7,it l� t+ }f}y t �4+r ��f� e a 41'4r-ttE 1 fl�y�-{,yy�l( 'R71'•`'�1 rS e { d e � t v"I b t f I i �t4E h# ri 9 y q S k tit!i jt L �t R� s@ L It �tr,,W SF 'P;2, III � 1 f s -. 11:ygd Table 2 Huntington Beach Car Wash (Existing Hourly Leq, dBA) Time Interval Meter 1 Meter l Meter 2 Meter 2 ; Sat-Sun Sun-Mon Sat-Sun Sun-Mon 12:00-13:00 66.3 65.4 70.1 69.3 13:00-14:00 65.1 64.6 70.2 68.7 14:00-15:00 65.3 65.6 70.6 68.9 15:00-16:00 67.6 64.5 72.8 69.3 16:00-17:00 65.6 66.1 69.7 69.3 17:00-18:00 66.1 66.3 70.7 69.2 18:00-19:00 66.0 64.0 69.6 68.5 19:00-20:00 66.4 64.1 60.1 67.7 20:00-21:00 63.9 64.7 68.0 71.1 21:00-22:00 65.2 63.6 68.1 67.2 22:00-23:00 63.3 61.8 67.1 65.8 23:00-24:00 62.5 60.0 66.3 64.6 0:00-1:00 60.5 58.8 68.9 62.3 1:00-2:00 59.7 55.8 64.0 59.4 2:00-3:00 58.3 54.1 61.4 59.7 3:00-4:00 55.8 55.5 60.3 59.3 4:00-5:00 55.7 57.2 58.6 60.6 5:00:6:00 57.1 62.5 62.1 66.1 6:00-7:00 60.3 64.8 63.9_ 68.0 7:00-8:00 63.8 66.5 65.5 69.8 8:00-9:00 63.4 66.9 67.2 70.7 9:00-10.00 64.3 65.4 68.5 70.6 10:00-11:00 65.1 64.7 69.6 70.0 11:00-12:00 64.3 65.0 IL 68.9 70.6 ,� • _ v.°c. 'gip.;14 ..Y+'}ems.. �' assn..y� ._y.''+px.. _ _')i%.. A a. _t-;. :ri"d�'sv'it>ti s"�.......�'•� �is =✓'F: ..:x"%nYX�a .+'.d.SF.JY.�L�iMr1.F..9.-- .�'_ �'.`"�.-' _ Shaded entries represent night time values (10:00 p.m. to 7:00 a.m.) 471-1,CHIVIENT NO-- I1-mgton Beach Car Wl h -469- Item 7. - Page 89 Table 3 Measured DaytiGie Noise Levels Compared to Noise ordinance Standards (dB) Site 1 Newland Street Parameter Sat. Sun. Mon. Ordinance Adjusted Standard Standard Lso 61-63 59-62 63-64 55 59 Les 63-65 61-64 64-66 60 61 Log 68-69 66-69 68-71 65 66 Lot ND ND ND 70 70* Lmax 74-90 75-87 74-80 75 75 Site 2 Warner Avenue Parameter Sat. Sun. Mon. ordinance Adjusted Standard Standard L5o 61-66 60-66 65-66 55 60 L25 65-71 63-69 69-71 60 63 Log 72-74 70-74 74-75 65 70 Lol ND ND ND 70 70* Lmax 80-98 80-96 81-86 75 80 LSo, Les, Los, Lot =percentile levels, L5o=50th percentile (30 minutes), etc. ND=no data for this "L" level *=assume unchanged, not measured to confirm any adjustment Item 7. - Page 90 -470- SITE OPERATIONAL NOISE Car wash noise was analyzed by monitoring noise levels at an existing car wash equipped with the same type of car wash equipment as proposed for the project site. Measurements were made on January 16, 2007, at locations both along the tunnel axis, as well as along the perpendicular direction with a side view of the tunnel exit. These measurements included noise generation not only from the car wash apparatus itself,but included the contribution from ancillary activities(cars starting/stopping, employees whistling to get another employees' attention, door slamming and vacuum operation). At 30 feet from the tunnel exit, the noise readings during one full wash cycle were as follows: Facing the dryer— 75 dB Leq Perpendicular axis— 69 dB Leq An additional noise reading was made at Chung's Car Wash/Mobil in Long Beach on March 13, 2008. Both the car wash layout and the customer vacuum/wipe down areas at this car wash were very similar to the proposed project. The Long Beach measurements were taken to document peak noise levels during each wash cycle, as well as to observe customer activity noise generation in the vacuum/wipe down area. Peak noise levels during dryer/blower operations were as follows: 30 feet from tunnel exit — 80 dB Lrnax 30 feet from tunnel entrance — 72 dB Lmax The dryer noise is attenuated by -8 dB though absorption within the tunnel and by blower orientation toward the tunnel exit. The Long Beach car wash played relatively loud music on a set of loud-speakers audible throughout the vacuum area. The average sound level at 50 feet from the closest speaker was 70 dB Leq. At the Long Beach location, the noise level from music playing to staff and customers was as loud as the average noise level from a typical wash cycle. Because of relative proximity of homes to the proposed Huntington Beach site, it was presumed that an outdoor loud-speaker system would not be employed. Individual customers.may choose to play their car radios, but such sources will be more localized than a multiple speaker system mounted high above the vacuum area as at the prototype system in Long Beach. Vacuum noise was generally inaudible except within a few feet of the activity. The central vacuum motor was indoors, with only a vacuum hose attachment at each vacuum station. This same system is proposed for use at the Huntington Beach site with no noise impact consequences. In order to reduce possible nuisance noise from customer activity in the vacuum & wipe-down area, a sound shield will be constructed to create a partly covered half-tunnel. ATTAC T NO, �-% Hunnngion Beach Cur Wash -471- Item 7. - Page 91 For the proposed site, show_i Figure 2,the tunnel would be ang'`i such that neither the entrance nor the exit would directly face the closest residences either north or west of the proposed express- car wash site. The tunnel exit would partly face Warner Avenue, and the blowers would be equipped with fan silencers to further protect the closest home to the west. Car wash noise measurements bad found that off-axis noise was 6 dB Iess than when looking down the tunnel. For an angled tunnel configuration, this effect was assumed to reduce noise by -3 dB compared to the on-axis reading. The measurements also found that the tunnel entrance end is 8 dB quieter than the blower/exit end. These findings were applied to the proposed project.during the noisiest part of the operation with the projected sound levels compared to the most stringent City standard. The noisiest part of the proposed operation(blow-drying)will occur approximately 5 percent of the time during any hour. The noise standard that applies is between I and 5 minutes (Lot) and is 70 dB. If noise levels exceed 70 dB during dryer operation, the City of Huntington Beach Noise Ordinance would be exceeded. Measured reference noise levels were adjusted for distance spreading during propagation, for an off-axis orientation from the angled tunnel, and for any intervening barriers. The apartment residents will not"see"the tunnel exit because of its orientation. Similarly, the closest homes will not experience noise generated at the tunnel entrance. The off-site noise levels during the drying cycle of the operation are calculated as follows: Location Reference Source Spread Angle Barrier Residual Level Distance Loss Effect Blocking Level Apartment Bldg. 72 dB 50' -4.5 dB -3 dB 0 dB (a) 64.5 dB Residence West 80 dB 80' -8.5 dB -3 dB -5 dB 63.5dB (a) - assume direct line of sight to second story,no shielding At the apartment building facade, the predicted noise level of 64.5 dB (L01) would 'not exceed the city's ordinance. If the car wash system similar to the one monitored in Long Beach were located at the project site in the orientation shown in Figure 2, no violation of the noise ordinance is predicted to occur at the apartment building. At the nearest residence along Warner Avenue, the noise source would be louder, but the source to receiver distance is greater and there is a solid perimeter wall that will shield the one-story residence. The resulting noise exposure will be almost identical as at the apartments. Both locations will meet the noise ordinance standard. However, there may be single event noise events that could create a nuisance even if there is no violation of the standard_ Because of residential proximity, nuisance noise should be minimized. Nuisance noise could include loud boom boxes,honking horns, customers or employees shouting, etc. Signs should be posted on-site at strategic locations to discourage nuisance noise and management shall be responsible for enforcement. Item 7. - Page 92 -472- Figure 2 Proposed Car Wash Schematic 2 STORY APT•S b'x LY EijtlQ {OP'T)PRE.M YO 164' PpA-107M51�E +_ _ fY. OR 811.1LQJi G REMPQi F=UlrP7'FMr c'*.4['rtt9(TrPj _ Svc __ PAYATENT AXAYEftpaT Extr • .� `� .T Do arL ER sY i����`� PnfH.t YELtcw - � J. r L 7 � • Mu%Lr. a ') 3 PAYEMMT ;I t PARKING Y �tl R �, ' p. F o i raLE, >d AVXA tf? n pu�p r_e VACUUM � m'-4• � / ��� yf' ¢� I PARKING f -o'3Crn+wctL �^lj ST01w Y""R f I '•P. C�rRB(TT ) ti ���� STRFET DE { Air LU {{ CM L t-L.•.: A L• TOME R is ,X C 1 clz� 8R1CL:P•tYFR$ OR 5rAY1PFD P51 FTE L KAL .k�IN'T`9 YNTH PRY'9LIAKE" T LL PAYFS1ENr 3'-O`3[rttf , -AOR PINMAEP cR 94LT SWy[E L 5TEM vEN r'1_ OR 5"W4'4E"$MWE SPAR?9JHG9, r--^ STRZET 1CiJ 9TOME V.44UR 5 Op sTRFFr arse HER naw SIGN l+Y OTHER WARNER AVE Huntington Reach Car Wash -473- stern 7. - Page 93 MITIGATION The proposed project will not cause City noise standards to be exceeded if car wash operations are constrained to the hours of 7 a.m. to 10 p.m. and the tunnel orientation is as shown in Figure 2. Nuisance noise from playing excessively loud music, honking, shouting or other customer activities could impact the closest homes even if numerical standards are not exceeded. Noise control features must be included in the project to prevent creation of any noise nuisance. Mitigation for this project is: a. The car wash shall not be operational from 10 p.m. to 7 a.m. as a permit condition and the car wash dryer units shall be equipped with a silencer at least equally as effective as the unit tested in Long Beach. b. Public address loudspeakers for voice or music shall not be allowed. Staff communication shall be though personal paging devices. C. Customers shall be cautioned against the creation of unacceptably loud noise during waiting and within the vacuum/wipe off areas by signage posted near the site entrance. Creation of customer noise clearly audible beyond the property line (5 dB or more above ambient) shall be eliminated immediately by staff intervention. d. Vacuum stations along the western property line shall be shielded from the closest residences by a protective barrier comprised of a solid base and a glass or plastic superstructure as shown in Sheet A-I of the project plot plan. This barrier will not only reduce any vacuum/wipe-down activity noise, but will also reduce car wash operational noise at residences along a substantial portion of the western property line. -AT TA C H 1AI NT Item 7. - Page 94 -474- QUALIFICATIONS OF THE TUDY PREPARER This study was prepared by Hans Giroux of Giroux &Associates, Santa Ana, California. Mr. Giroux's academic qualifications include: — B.A University of California,Berkeley, 1965 Physics — B.S. University of Utah, Salt Lake City, 1966 Meteorology — Graduate Studies,University of Wisconsin, Madison, 1967-68 — M.S., UCLA Los Angeles, 1972, Atmospheric Sciences — PhD Candidate, UCLA, Los Angeles, 1974, Atmospheric Sciences Mr. Giroux's academic and work experience includes operational weather forecasting for the USAF, university instructor and graduate teaching assistant. His areas of academic research included studies of the marine layer structure in Southern California, use of back-scattered radiation to measure stratospheric air pollution by satellites, and use of acoustics propagation anomalies to detect low level temperature inversions and wind shear. In 1977, Mr. Giroux formed Giroux & Associates. The small firm averages approximately 100 environmental studies per year focused on air pollution,noise impacts, air toxics studies and odor and dust nuisances. He has prepared numerous acoustic studies in Orange County. He has conducted car wash noise studies throughout Southern California. Car wash noise study locations have included Irvine, Laguna Beach, Cypress, Lakewood, Whittier, Chino, Montclair, Rialto, Rancho Cucamonga, Murrieta, San Marcos, San Diego and Chula Vista. His 30+years of acoustic project experience uniquely qualify him to address noise issues for the proposed car wash operation. Ms. Sara Gerrick assisted Mr. Giroux in the preparation of the analysis. Sara has a degree in engineering from Carnegie Mellon University in Pittsburgh, Pennsylvania. She has prepared acoustical impact studies for several car- washes and other commercial operations throughout Orange County. Mr. David Giroux conducted the field observations of noise generation from typical car wash operations in Orange County. David's college degree is from U. C. Santa Barbara. Hwingion Beach Ca,Wash -475- Item 70 - Page 95 October 27,2009 HAND DELIVERED TO THE PROJECT PLANNER ON OCTOBER 27,2009 Mr_ Ricky Ramos Zoning Administrator City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 And: Mr. Ethan Edwards Project Planner City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Re: CONDITIONAL USE PERMIT NO 2009-002: Applicant Thomas Hwang, 616 Imperial, LLC. Request: To permit the construction of an approximately 2,200 sq ft express service carwash building and associated site improvements, on a vacant 22,363 sq. ft. lot. Location: 8471 Warner Avenue 92647 (northwest corner of Warner Avenue and Newland Street). Project Planner: Ethan Edwards. ATTACHMENT NO. lo. o Item 7. - Page 96 -476- October 27,2009 Mr. Ricky Ramos Zoning Administrator City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 And: Mr. Ethan Edwards Project Planner City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Re: CONDITIONAL USE PERMIT NO 2009-002: Applicant Thomas Hwang, 616 Imperial, LLC. Request: To permit the construction of an approximately 2,200 sq ft express service carwash building and associated site improvements, on a vacant 22,363 sq. ft. lot. Location: 8471 Warner Avenue 92647 (northwest corner of Warner Avenue and Newland Street). Project Planner: Ethan Edwards. Dear Mr.Ramos and Mr. Edwards, I would like to begin by disclosing that I am the owner of the Express Car Wash on the SEC of Beach Blvd. and Warner Avenue., approximately one-half mile west of the applicant's location. As such it is clear that I would not like to see a competing Express Car Wash so close_ We both know that this is not relevant to any decision you might make on this application. Setting this aside, I have listed below the reasons that the CUP Application should be denied. 1. Who wants to live next to a noisy carwash? The drying blowers are loud and although today's blowers are quieter than the ones available just a few years ago they are still loud. There is no such thing as a dryer blower silencer as required under the SUGGESTIONS OF APPROVAL 2(b). The revised site plan shows twelve parking spaces. You will note that each space has an adjacent vacuum (one vacuum stand for two vehicles). These are FREE VACUUMS. None of the parking spaces are designated as employee parking. It is clear that the applicant intends for his employees to park on the street so that he can maximize vacuum spaces for customers. Customers vacuuming their own vehicles frequently play loud music. Signage prohibiting music is routinely ignored. Car Alarms occasionally go off. Cars waiting in line are not silent and many have their radios on_ All of this right next to residents windows. Staff will be busy prepping cars at the tunnel entrance and wiping them off at the exit as well as collecting money. On a busy day there will be absolutely no one with the time to be a "parking lot noise monitor". The revised site plan in many respects is actually worse than the original plan. The new site plan now has customers vacuuming their vehicles within a few feet of the west property line_ Given the demonstrated manner in which the applicant operates his other express car wash in Long Beach it is difficult to imagine that excessive customer noise will be eliminated immediately by staff intervention as required by SUGGESTIONS OF -477- Item 7. - Page 97 APPROVAL 2(d). Tenants in the buildings immediately adjacent to the proposed carwash will not like this and can vote with their feet and either move out or not move in at all. This will result in a decreased value of the surrounding apartment buildings as it will take longer to rent the units. The units immediately next to the carwash will be impacted the most and will most assuredly rent for less than they otherwise would have which will decrease the value of the property. I checked several carwashes in Huntington Beach and all were in commercial areas with no close residential. There is a reason for that. They generate a lot of noise. A review and critique of the noise study by Steve Park PhD, which was submitted by the applicant, is attached as Tab 1 Photos of apartment building windows are attached as Tab 2 2. The subject property has apartments immediately to the north and west, occupied mainly by low income tenants. The worst recession since the 1930's has caused severe property value declines. To further damage the property values by building a car wash on the site seems like "piling on". 3. The revised site plan has NO employee parking. While it is possible to operate an Express Car Wash with two employees it is not possible to operate it with one. As a practical matter a minimum of three employees will be needed at all times. No reasonable businessman can rely on the second person of a two person shift ALWAYS showing up for work. In addition the employer must provide for required rest and lunch breaks. Also the hours of operation will require two shifts. At shift change there can easily be five or six employees on the lot. At a minimum four employee parking spaces in addition to the handicap space will be required. On Saturday, September 19, 2009, 1 visited Mr. Hwang's other Express Car Wash site in Long Beach on the NEC of corner of Santa Fe and Willow. The tunnel length at the Long Beach location is the same as the proposed tunnel at Warner and Newland. At that time there were four employees on the lot servicing customers. 4. The lot is too small for the projected business. The most common way to project the volume that will be achieved on a to-be-built Express Wash is to use the industry average "Capture Rate"The Capture Rate for an Express Wash is currently about .08% of the traffic on the intersection. See Tab 3 for a further explanation of the "Capture Rate': The Capture Rate is an average number of passing vehicles that will be "captured" by the wash. On Weekends the customer visits will typically be 50% higher than Monday through Thursdays. With a daily traffic count of 55,000 this - location is projected to wash an average of 440 cars per day when mature. This will likely average 300 cars per day Monday thru Thursday and 600 cars per day on Fri-Sat-Sun. The site is very likely to see many days during the year when the car count will spike to over 800 cars. A properly designed Express Carwash requires much more space than the 22,363 sq. ft. on the Applicants site, The lot is entirely too small for the volume of business projected. Attached as a part of Tab 4 is a copy of the site plan for the WildWater Express Car Wash at 7995 Knott Ave., Buena Park which is intended to show a properly designed site. A photo of the facility is also included. Note that the site plan allows for excellent circulation with entrances off of La Palma to the south and into the adjacent retail center to the north. Note that in spite of the much larger site there is space for only nine vacuums. It is also important to note that these are PAY vacuums. To make them FREE as the applicant plans to do will draw more customers to his site but it will also jam up the lot as people jockey for a vacant vacuum space. On a busy weekend customers vacuuming their vehicles will be trapped by the vehicles entering and lining up to be washed_ Attached as Tab 5 is a day-by-day traffic count for the six busiest months in the Buena Park Express Car Wash in 2007 and 2008. All of the days where the customer count exceeds 700 are ATTACH NA ENT NO. IVI Item 7. - Page 98 -478- highlighted in yellow. Can you imagine the traffic jam on the site with 700 plus cars in one day? Remember the traffic and the expected Capture Rate at the Buena Park site and the applicant's site are essentially the same. With FREE vacuums the traffic into the site will probably exceed the traffic into the Buena Park Express Car Wash. The tunnel is too short for the projected volume of business. As a general rule of thumb the number of cars that can be washed per hour is generally roughly equal to the length of the tunnel in feet. A 100 foot long tunnel can wash approximately 100 cars per hour and a 70 foot long tunnel can wash approximately 70 cars per hour. By properly adjusting the equipment and adding staff it may be possible to slightly exceed this"rule of thumb' but it is clear that the site is too small and the tunnel is too short to handle the projected business. The turn into the tunnel is too sharp and will require excess maneuvering to get the vehicle properly lined up with the tunnel conveyor, particularly with vehicles like a Ford Explorer. 5. The Express Car Wash customer stays in their vehicle and rides through the tunnel while the car is being washed. Sometimes a customer will accidently hit the gas and shoot out of the end of the tunnel. This has happened about once a year in the Buena Park WildWater Express Car Wash. In 2009 this has happened twice.The first time the customer knocked over a block wall. The second time a customer flattened a tree which was replaced. The third time the replaced tree was knocked over and several parked cars were hit. The last incident occurred on October 11, 2009. Fortunately no one was injured in these incidents. It is not a question of "if this will happen at Warner and Newland but "when". At this site, when the customer accidently hits the gas,the car will be propelled right into traffic on Warner. Photos of the March 11, 2008 and of the October 11,2009 incidents are attached in Tab 6 and 7. 6. Attached as Tab 8 are a number of pictures taken Saturday, September 19, 2009,at Mr. Hwang's other Express Car Wash location in Long Beach on the corner of Santa Fe and Willow. They show a dirty congested business that is littered and overflowing onto a public alley in order for the customers to enter the carwash tunnel. The photos show dirty banners that have obviously been up for many months_ The photos show bent and rusted signs. The corner sign is unsightly with the letters peeling off. Mr. Hwang's historical performance in managing his property and business is a clear indicator of his future performance in Huntington Beach. This is definitely not the type of business that the City of Huntington Beach would want on this or any other intersection. 7. The new owners of the property at 8472 Tamaru Drive, Huntington Beach 92647 (on the north property line) are Vietnamese and just closed escrow on the property in May. I doubt that they were notified of the Notice of Public Hearing before the Zoning Administrator and possibly did not understand the notice if they were. 8. Finally, Under Chapter 241.10 of the Huntington Beach Zoning and Subdivision Ordinance the Zoning Administrator must(mandatory)make the following findings: A. That the establishment, maintenance and operation of the use will not be detrimental to the general welfare of persons working or residing in the vicinity nor detrimental to the value of the property and improvements in the neighborhood. This project would be detrimental to the persons residing in the neighborhood because of traffic and noise created by the operation of the car wash and accidents caused by car wash customers shooting out onto Warner. It would also be detrimental to the value of the adjacent apartment buildings for the reasons mentioned above. If the gas station has been closed for any significant time, then there will be an increase in traffic, traffic circulation and congestion in this vicinity. �� GHMEN T -479- Item 7. - Page 99 B. Under Chapter 241.10 (C) if the City cannot make all of the findings required by 241.10 (A) then the application must be denied. Given the photos of his other express car wash;there is a significant probability that the applicant will not maintain the site and business to the standards required by the City Sinc ly, l Larry ennepohl President Pepper Tree, Inc. 595 W. 7"'St.,Suite 202 San Pedro, CA 90731 310-831-1043 Attachments: Tab 1 Noise Study Analysis by Steve Park PhD Tab 2 Photos of Adjacent Property Apartment Windows Overlooking the Site Tab 3 Capture Rate Explanation Tab 4 Buena Park WildWater Express Car Wash Site Plan Tab 4 Buena Park WildWater Express Car Wash Photo Tab 5 Buena Park WildWater Express Daily Car Count for 2007 and 2008 Tab 6 Photos of Run-Away Car Damage Tab 7 Photos of Run-Away Car Damage Tab 8 Photos of Applicants Long Beach Site Item 7. - Page 100 -480- Problems with the noise analysis conducted by Hans Giroux at Giroux &Associates They presented the noise analysis mainly in terms of CNEL (Community Noise Equivalent Level) in the following way as also described in their report: CNEL=5 dB+evening sound level (7pm— 1 Opm) = 10 dB +night(1 Opm—7am) Exterior noise standards are: Zone 1 (Residential Properties) 55 dB 7 am-10 pm 50 dB 10 pm-7 am Zone 2 (Prof. Office/Pub. Institutions) 55 dB Any time Zone 3 (Commercial Properties) 60 dB Any time Zone 4 (Industrial Properties) 70 dB Any time In the event the alleged offensive noise consists entirely of impact noise, simple tone noise, speech,music, or any combination thereof, each of the above noise levels shall be reduced by 5 dB. The Warner-Newland proposed express car wash may well have all of these or more than one of these everyday. Any car wash (either full service or express carwash) facility generally has these offensive noise events almost everyday. Therefore, the corrected Zone 1 (residential area)noise standards will be 45-50 dB depending of the time of the day(See the table above). * CNEL calculation for two 24 hour time period (total of 48 hour data) was obtained and computed between 6/13 — 6/15 which were Saturday and Sunday. These do not represent correct ambient noise level for the area. The background noise by much more traffic during weekdays will definitely increase the noise level far more. * Meter i and meter 2 locations were selected away from the Warner & Newland Street intersection where the least traffic occurred. This also misleads the ambient noise level in the allowed level. Both the selection of the location as well as the measurement of the weekend days will produce far less ambient noise level. Also from the both meter 1 and (more severely on) meter 2,Monday morning has at about 2 dB higher noise than Sunday morning. Therefore, more accurate average should include the car wash business hours during weekdays. * More interestingly, the site operational noise was measured and analyzed on 1/16/2007. It was one of the coldest and slowest business days of the year according to the existing car wash owner's diary record. The business was less than half of the normal business during same month of January which also is the one of the slowest because of the rainy season. The choice of the site operational noise calculation date was biased_ As shown above, the CNEL measurement date selection, noise meter locations, and the operational noise measurement from previously operated express car wash activities were chosen ATT C ��EI IT 'N011o,. s -481- Item 7. - Page 101 in the manner where they can obtain the data to support their proposal. If we correctly collect data for weekdays, more various meter locations, and compare and add the operational noise measurement at peak business day(not the slowest business day), we will obtain much different data that will more likely lead to noise levels far above the city code guidelines. The proposed car wash development site is very close to the residential area. According to the noise level measurement criteria (Huntington Beach Municipal Code 8.40.040) the noise level measurements should be performed in accordance with procedural rules and regulations of the Orange County Health Department (2379-7/79). Therefore, the interior noise standards from the residential property either actual or simulated as well as exterior noise levels outside residential property should be correctly prepared and presented for unbiased dates and season (for example busy weekday during summer). According to the HB city code 8.40.060 (Exterior Noise Levels Prohibited), it shall be unlawful for any person at any location within the HB city to create any noise, or to allow the creation of any noise on property owned, leased, occupied, or otherwise controlled by such person, which causes the noise level when measured on any residential, public institutional, professional, commercial or industrial property, either within or without the City, to exceed the applicable noise standards: a) For a cumulative period of more than thirty(30) minutes in any hour; b) Plus 5 db(A) for a cumulative period of more than fifteen (15)minutes in any hour; c) Plus 10 db (A) for a cumulative period of more than five (5) minutes in any hour; d) Plus 15 db (A) for a cumulative period of more than one(1)minute in any hour; or e) Plus 20 db (A) for any period time. In the car wash business, often times there will be sirens, car alarms (either original car equipped or 3rd party equipments) will produce loud annoying sound that will increase noise level significantly and more than 5 minutes and sometimes more than 15 minutes in many cases. This is very normal in many car washes and not a rare event at all. According to the above city code prohibition, this will be very problematic, too. For the similar sense, according to the HB city code 8.40.080 (Interior levels of noise prohibited) it shall be unlawful for any person at any location within the HB city to create any noise, or to allow the creation of any noise on property owned, leased, occupied, or otherwise controlled by such person, which causes the noise level when measured within any other structure on any residential, public institutional, professional, commercial or industrial property to exceed; a) The noise standard for a cumulative period of more than five minutes in any hour; b) The noise standards plus 5 db(A) for a cumulative period of more than one (1) minute in any hour; or c) The noise standard plus 10 db(A) for any period of time_ Each of the noise limits specified above shall be reduced by 5 db(A) for impact or predominant tone noises, or for noises consisting of speech or music. ATTACHIVIENT Item 7. - Page 102 -482- Many customers to the Express Car Wash site listen to loud music from their CD, radio, and sometimes with significant base sound from their equipped woofer systems. The false alarm sound, the malfunction of their hom sound would create the noises discussed and categorized above. City code 8.40.111 (Prohibited noises) also include, but not be limited to many items (3216- 12/93).One of those items was; 8.40.111 (e)The proximity of the noise to residential sleeping facilities; (3216-12/93). Finally the HB City Code 8.40.112 (Loud noises) states that it shall be unlawful for any person to: (a) Use, operate, or permit to be operated any radio, receiving set or device, television set, musical instrument,phonograph, CD, DVD, tape player,juke box, or other machine or device for producing or reproducing sound in such a manner as to disturb the peace, quite, and comfort of other person. (3514-12/01) Unlike other businesses, Express Car Wash is operated without much attention from the business staffs. All vacuum cleanings and wiping are done by each customer, who may well violate above code resulting public discomfort and annoyance. Attached are the articles showing recent reject from the city staffs for car wash proposal in Southern California. The main issues were traffic circulations as well as noise levels. Please read these articles for your review. Thank you for your considerations, Sincerely, - Steve S. Park,Ph.D. President Former Scientist and Faculty Lawrence Berkeley National Laboratory & University of California, Berkeley, CA 92720 -TTACH ENT NO,1! j-- -483- Item 7. - Page 103 Complaints prompt Escondido, Calif., council to reject car wash complex By David Garrick North County Times,Escondido,Calif. Publication:North County Times(Escondido,California) Date:Friday,March 6 2009 Mar. 6—ESCONDIDO--A group of south Escondido residents has persuaded the City Council to reject plans to build a car wash, lube shop and restaurant on a large empty lot in their middle-class neighborhood. Council members,who made their decision after a two-hour public hearing Wednesday night, said the project would be too noisy, too intense and too close to the 57-home New Tradition subdivision. But council members said the decision was made extremely difficult by the enormous amount of time and money the developer had spent reworking the project multiple times over the past five years, and by their desire to improve Escondido's reputation as a "business-friendly"city. Council members said they might eventually approve the project if the developer replaces the car wash with offices or something else that would be less noisy and intense. They also said they might approve the project if it was redesigned to place the car wash farther away from nine homes that directly border the site. The 1.34-acre empty lot is at the northwest corner of Centre City Parkway and Brother-ton Road_ Kimber Allison,the leader of an aggressive neighborhood opposition campaign that has included petitions and colorful banners, said Thursday that her group was pleased by the council's decision, but still a bit frustrated_ "We expected the council to give the developer a definitive answer,"said Allison. "This ambiguous answer allows the man to think he might still get his car wash.And it leaves the whole neighborhood in limbo." Bill Fishbeck, the attorney for developer Munther Ghazal, did not return phone calls Thursday seeking an update on Ghazal's intentions. The 10 residents who spoke against the project Wednesday stressed that they understood the empty lot was zoned commercial and would someday be developed_ ATTAC1v1N 10.�Q ,1S Item 7. - Page 104 -484- "We expect that lot to be developed, but we want it to be done responsibly,"said Rex Little, suggesting that offices or specialty shops would be more appropriate than the current proposal. Kjerstie Bourne said the car wash complex would dramatically increase traffic and endanger local children, because the neighborhood would become a"cut-through"for motorists. Roger Fannin predicted the restaurant would have failed because many other eateries in the area have done so. But the projects architect, Ed McArdle,and a noise consultant, Doug tier,disputed many of the neighbors' claims and asserted that virtually all of the impacts on the neighborhood had been adequately mitigated. Fishbeck,the developer's attorney, said the developer had spent nearly$250,000 reworking the design. "What he has developed is a really nice project, and he wants to bring business to this part of Escondido," said Fishbeck. Councilwoman Olga Diaz said her reluctance to turn away business made Wednesdays decision her toughest since joining the council in December. But Diaz said the impact on the neighborhood was just too extreme. The Planning Commission offered similar sentiments when it rejected the project 6-1 in January, and city staff have consistently recommended the project be rejected. Councilman Dick Daniels and Councilwoman Marie Waldron offered similar sentiments on Wednesday, but Councilman Sam Abed and Mayor Lori Holt Pfeifer were more positive. Pfeifer said she thought the mitigation measures made the car wash an acceptable option, and Abed said he could support the car wash if it were relocated on the Centre City Parkway portion of the site. Abed said he sympathized with the residents, but that it was also difficult to reject an $8 million project that had been beautifully designed.And Abed suggested the residents might end up with a project that would impact their neighborhood even more. � ���NAEI Iff N 0. +cam. � -485- Item 7. - Page 105 DANA POINT - Carwash Proposal Rejected by Council ByJULIE FATE SULLIVANIJuly 27,1995 Plans for the first full-service Carwash in the city have been rejected. The City Council on Tuesday opposed the project after some residents complained that the enterprise would increase area noise,traffic and vehicle exhaust. The Carwash was proposed for a site near Town Center on Pacific Coast Highway, between Alcazar and Malaga drives, a residential area. "This project is inappropriate,"resident Susan Hunn told the council before a packed audience. "It is a noisy, smelly, intrusive auto-oriented business. It will make life miserable for all in the community." Supporters of the Carwash maintained that the project would bring much-needed revenue to the city. "I spend $2o a month in San Clemente or Laguna to get my car washed,"said resident Marchia Morey. "I'd rather spend that money here and create jobs for our youth." Mel Shapiro of Costa Mesa had applied twice to the Planning Commission for a coastal t development permit to construct the 7,954-square-foot Carwash, complete with a Carwash tunnel, gasoline pumps, retail space, an office and lobby. The commission denied Shapiro's applications,saying the car-wash would have a negative impact on nearby residents. Shapiro then appealed the decision to the council, which unanimously voted to deny the appeal. "The project that's proposed is a very nice-looking project,"said Councilman Harold R. Kaufman. "What I don't like is where it's being proposed to be built." ATTACHMENT NO. Io io Item 7. - Page 106 -486- . ._ , I t . A.,,^+3..,t ., r;. .r(.,,.,., s. t i ,':.,I. 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','G�s.�G�nv.�lmu•'�,,Y` r1M12F;1:b rc''Y+ � •:d "'a=:, ,� 3„' , Apartment n Windows to West of the Site ". ;�. ,' :r�.;.:. �:����•.', �,.�r° 33 :air.' ,•I' p,r�a?a,+ ,v,'. ,�,� y.,-r'�x.�rot z;„.w,,".•,4r,fre # # ra,.. �5�1�•, ,�. �� ,;', � .',,.� '-�� .t�4r,.ix.. :..t � ',� ,:•��';,<-�'w��r_�M: 1=xistin walls will help block the noise NOW g p+.,�: �, `�-,,',��;,�;.;'•:��. r :, �,,.,;,�;'^,:n ,;, „����.,� " but will not be suffi,cri• ,: .��y y�.."„.,�; ;':n•%;,e „'.'�,',''' ��.i,.`+,F�r Ciient , ih; F''Y si'F:r•r -:;yy:;' uu.,F � 7�.'��,yv ,g, �rxwtr.. .,.� ,r;•,.ia.�r'%� �' ;,'�'.'d i- '`p:i r: •'� .A."ott;•: "'�{::',.. r., +�'^, ,• 1Q, .•tT', - .tom` 'ra %�'mr.. �.�' _ � , �kx':�'',kt�-•, .Rr�ii'` . .._ we�C� Express Car Wash Car Count Projection There are several ways to estimate daily car count Method 1 The most common way is to use the industry"Capture Rate". For Exterior Only Carwashes this has averaged from a low of.45 to a high of.76. Source: Professional Carwashing&Detailing Magazine, July 2002 Benchmarking Report. Using an average of the three highest years yields a capture rate of.71 55,000 x .0071 =390 Using a 27 day month to allow for weather closures equals 10,543 cars/month Method 2 The average annual wash volume for an Exterior-Only Express Carwash in 2001 was 55,000 cars. The average daily traffic past these washes was 19,060. Source: Professional Carwashing and Detailing Magazine, July 2002 Benchmarking Report. The capture rate is .83 The corner of Warner and Newland has 55,000 cars/day which works out to a wash " volume of 456 cars/day- Method 3 Comparison: The average wash volume of the WildWater Express Car Wash at the intersection of Knott and La Palma in Buena Park for 2007 & 2008 was 444 cars/day. The traffic count on that intersection is 55,000 cars/day which is the same as Warner and Newland. Conclusion: When mature we can reasonably expect the applicant's location to wash in the range of 390 to 456 cars per day. The Buena Park location is similar and has had many days with a car count at 800 and a few traffic spikes at 1000 cars. ATTACHMENT NO. l3 -489- Item 7. - Page 109 Does this projection seem high? assure you that it is not. The following pages show the ACTUAL VOLUME produced by The El Segundo 5 Minute Express Exterior Tunnel Carwash located at 125 North Sepulveda Blvd., El Segundo, CA 90245 ATTAC H N4 E N T N O.—Lo._j _ Item 7. - Page 110 -490- El Segundo 5 Minute Express Exterior Tunnel Carwash 125 North Sepulveda Blvd El Segundo, CA 90245 ACTUAL VOLUME PRODUCED BY THIS FACILITY NOTE: Vehicles Washed by Month during Ramp-up Period Beginning May 2006 and beyond while marketing the service using a small, onsite,street-facing sign simply reading "$5—5 min — Free Vacuum" Month # Cars Washed Avg Ticket Capture Rate Comment vs. 60,000 Traffic Count #1 Ma '06 7,423 $6.24 0.41% #2 June 12,291 N/A 0.68% #3 July 16,931 N/A 0.94% #4 August 17,338 NIA 0.96% #5 September 20,545 NIA 1.14% #6 October 21,507 N/A 1.19% #7 November 21,601 N/A 1.20% #8 December 21,699 N/A 1.20% -- #9 Janua '07 20,462 $6.49 1.13% Rain #10 February 15,312 N/A 0.85% Rain #11 March 27,501 N/A 1.52% #12 Aril 28,095 N/A 1.56% 913 May 27,965 N/A 1.55% #14 June 29,401 $6.60 1.63% #15 July 29,533 N/A 1.64% #16 August 30,112 N/A 1.67% #17 September 26,031 N/A 1.44% #18 October 27,200 N/A 1.51% #19 November 26,275 N/A 1.45% #20 December 17,090 $6.73 0.94% Rain #21 January '08 12,891 $6.48 0.71% _ Rainy #22 February 18,820 $6.74 1.04% Rain #23 March 34,457 $6.52 1.91% #24 Aril 30,696 $6.48 1.70% #25 May 35,968 $6.61 1.99% #26 June 31,534 $6.60 1.75% #27 July 31,491 $6.59 1.75% #28 August 33,376 $6.58 1.85% #29 September 31,982 $6.57 1.77% #30 October 33,481 $6.51 1.86% t -491- Item 7. - Page 111 Estimated Cash Flow Experienced at this Facility • Average Ticket Price gradually increased from$6.24 in May '06 to $6.49 in January '07 and to $6.60 in June 2007 • "Seasoned Volume" of Cars Washed was 21,000 without an advertising campaign (1.16% capture rate vs. 60,000 traffic count) • 21,000 cars x$6.49 = $135,000 gross revenue monthly • Expenses ran approx 40% or$54,000 before occupancy costs and debt service (15% labor including night crew that cleans up; 15% utilities; 6% chemicals; and 3% tel /advertising) • Cash Flow before occupancy costs &debt service was $81,000 monthly at the 21,000 cars/$6.49 average ticket level achieved in months #6, #7 &#8 • Cash Flow before occupancy costs &debt service improved after advertising began in January, 2007. January thru June, the facility washed 150,316 cars for a monthly average of 25,000. At the increased average ticket of$6.60, the average monthly revenues increased to $165,000. Holding fast to the 40% level for operating expenses, cash flow before real estate jumped to $99,000 • June thru September 2007 results seem to reflect the fully "seasoned volume„ this facility produces. Actual results were: # Cars Monthly Average Average Avg June—September washed Average Ticket Revenues Monthly Cash Flow June-Sept before Occupancy Costs Debt Service 115,077 28,769 $6.60 $189,875 $113,925 cars cars (1.59% capture rate NOTE: As of December 4, 2008, the ownership has no plans to charge customers for what has always been "Free Vacuum Service" Source- NS Corp Division Mgr Interviews-irm.updated.12.04.08 2 ATTACHMENT NO.j�-_1.6 Item 7. - Page 112 -492- Y 0,—..C.—PIRL A V2f10NIN NOIYJ, �+.,j I I NOTt8 r011�ACNlT[CTURAL�IAW wp `r„r..,rw:ws rw.<....,r•nr.,,r<,..,wr.o F— Nr,w:.,w,.r.«w iw`�..:�A�s«.•:'��.«::w""`..r"r."w'".wr.nr� W W^rwNN.MwrKV�V'+MwYrrVw<_<tlr«r:oVwwuKw_r._,..ow S <nu.•.Muw«4Yir•�I.r•.N.•w ni.wu.n N«q.w_rrVrr�,Va,wrNnw U} TUNup T,v pl NJ bA1 fOl ••�« "�w,^'tiwN:+wlrMrwYOn.Ny1,Pw«w,..w<n.. �^ tiA`":w."n�•�,•`r+ww�'ior<w,w,+w+:ucriu+.�„�.N,i«.eww:«rw`�'w< NY ru<N,ww N""Yu s�i..i'iur�,n<�o'.•"m�.r` AVwVr• � uV..,w w.�<�M_wilw<nNnY,wrwa.wwiYMUI.V<M'wwm•�wrMw.uw v)11 r< r-r r.y :r»..«,..<.....•wrP..<+n.<r.....,.wmn,.n,• �A a 1m o Red Curbing Fire lane Entrance Sian g s _ u� �j Yr r-v ® - - -_ •a< FJ,'1 m roMJiVSiYS7„li1L'RA Fire Lane Sign Mounting I�t r•v vv n-r rc N•-a v.r - f � i J .Y ,f• o (L8' IM ov V i � n VVeID A.It .y.� pq66y i a y II ; f Q 3 < v _ O y ® W x oil a4W -` tX 4w •� �r vT r KNOTT AVENUE V3 VL� A QiL N, w A—tJ,3 a W fD 1-4 WILDWATER EXPRESS CAR WASH-BUENA PARK CAR WASHED MAY-SEP 2007 CAR, CAR CAR CARfp DAY CAR DATE COUNT DAY DATE COUNT DAY DATE COUNT DAY • OATE .. COUNT DAY DATE COUNT T 05/01i07 236 F 06/01/07 446 Su 07/01/07 743:" w / 1/07 364 s 09/01/07 930 w 05/02/07 275 S 06/02/07 726 m 07/02/07 513 Th 08/02/07 414 Su 09/02/07 603 Th 05/03/07 334 Su 06/03/07 — 673 T 07/03/07 520 F 08/03/07 697 m 09/0 625 F 05/04/07 407 m 06/04/ 7 466 w 07/04/07 439 s 08/04/07 738 --Ti4 s T 4/07 05/05/07 731 T 06/05/07 .285 Th 07105107 472 Su 08/05/07 679 w 09/05/07 467 Su 05/06/07 7 w — — 06/06/07 488 F 07/06/07 544 m 08/06/07 393 Th 09/06—/07 414 m 05/07/07 5,07 Th 06/07/07 525 s 07/07/07 408 T 08/07(0, 406 F 09/07/07 621 T 05/08/07 444 F 06/08/07 681 Su 07/08/07 739 w 08/08/07 443 s 7 844 w 05/09/07 430 s 06/09/07 883 m 07/ 9/07 433 Th 08/09/07 474 Su 09/09/0" 720 Th 05/10/07 433 Su 06/10/07 735 T 07/10/07 302 F 08/10/07 586 m 09/10/07 452 05/11/07 664 m 06/11/07 470 W 07/11/07 424 s 08/11/07 778 T 09/11/07 432 05/12/07 756 T 06/12/07 430 Th 07/12/07 484 Su 08/12/07 628 w 09/12/07 80 Su 05/13/07 667 w 06/13/OL 457 F 07/13/07 705- m 08/13/07 475 Th 09/13/07 452 M.. 05/14/07 390 Th 06/14/07, 488 s 07/14/07 782 T 08/14/07 400 F 09/14/07 670 T_ 05/15/07 333 F 06/16/07 656 Su 07/15/07 671 w 08/15/07 400 s 09/15/07 w 05/16/07 859 - 312 s 06/16/07 828 M 07/16/07 4 Th 08/16/07 434 Su 09/16/07 831 Th 05/17/07 352 Su 06/17/07 760 T 07/17/07 401 17/07 650 m 09/17/07 218 F 05/18/0-7 487 m 06/18/07 2 w 07/18/07 385 s 08/18/07 799 09/18/07 356 05/19/07 734 T 06/19/07 444 Th _07/19/07 506 Su 08/19/07 662 W 09/19/07 243 Su 05/20/-77 560 w 06/20/07 47.2 F 07/20/07 647 m 08120/07 511 Th 09/20/07 360 m 05/21/07 287 Th 06/21/07 495 s 07/21/07 814 T --- 451 F 09/21/07 442 T 05/22/07 385 F Su 07/22/07 612 w 08/22/07 394 s w__ 7 474 s _06/23/07 1844 m 07/23/07 641 Th 08/23/07 .421 su-- 09/23/07 412 Th 5/24/07 569 Su 06/24/07 673 T 07/24/07 608+ 0 4/ 7 m 09/24/07 256 F­ 5/ w / 7 714 m 06/25/07 505 557 s 08/25/07 703 T 09/26/07 270 s 05/26/07 789 T 06/26/07 416 Th 07/26/07 631 Su 08/26/07 596 w 09/26/07 260 m S:u��O5/27/07 564 w 06/ 7/07 425 F 07/27/07 718 m 08/27/07 566 Th 09/27/07 246 07 _650 Th--06/28/07 453 s__ 7 836 T 08/28/07 507 F 09/28/07 216 T 05/29/07 423 _—----- - F 06/29/07 665 Su 07/29/07 724 w 08/29/07 437 w 4 s J--0,-6—/ O—/07 09/29/07 568 05/30/07 1 787 m 07/30/07 433 Th 08/30107 752 Su 09/30/07 588 Th 05/31/07 38 1 T 07/31/07 358 F i 08/31/07 871 17,476 -TOTAL. 15,4 17,336 -TOTAL __n WILDWATER EXPRESS CAR_WASH-BUENA PA_RK CAR WASHED MAY-SEP 2008 - —� CAR — ICAR CAR f CAR I CAR DAY T_DATE COUNT DAY DATE �6OUNT DAY DATE_ COUNT. DAY DATE COUNT DAY DATE COUNT Th 05/01/08 442 Su 06/01/08 714 T 07/01/08 507 F 08/01/08 572 M 09/01/08 508 F { 05/02/08 672 M 06/02/08 431_ W — 07/02/08 457 S 08/02/08 726 T 09/02/08 463— S_—I 05/03/08 884 T^ 06/03/08 —j 309 Th 07/03/06 576 Su 08/03408 619 W 09/03/08 4_43 _ Su _ 05/04/08 632 W 06/04/08 1204 F _ 07/04/08 453 M 08/04/O8 448 Th 09/04/08 410— M—� 05/05/08 334 Th 06/05/08 r424 S 07/05/08 629 T 08/05/08 368 F 09/05/08 601 T 05/06/08 231 F 06/06/08 667. ... Su 07/06/08 667 W 08/06/08 410 S 09/06/08 7$5 _ W 05/07/08 277 S 06/07/08 763 M 07/07/08 518 Th 08/07/08 436 Su 09/07/08 697 _ Th 05/08/08 _ 515 Su _ 06/08/08 679 T 07/08/08 372 F 08/08/08 555 M 09/08/08 449 F_ 05/09/08 573 M 06/09/08 427 W 07/09/08 330 S 08/09/08 706 _ T 09/09/08 395 S 05/10/08 853 T 06/10/08 338 Th 07/10/08 430 Su 08/16/08 699 W 09/10/08 327 Su 05/11/08 670 W 06/11/08 350 F 07/11/08 471 M 08/11/08 446 Th 09/11/08 318 M 05/12/08 174 Th 06/12/08 391 S 07/12/08 681 T 08/12/08 375 F 09/12/08 382 o T _ _05/13/08 694 F 06/13/08 628 Su 07/13/08 1 752 W 08/13/08 337 S 09/13/08 667_ W 05/14/08 654 S 06/14/08 805 M 07/14/08 560 Th 08/14/08 381 Su 09/14/08 604 N Th 05/15/08 588 Su 06/15/08 654 T _ 07/15/08 469 F 08/15/08 568 M 09/15/08 446_ F —05/1 M8 848 M 06/16/08 525 W 07/16/08 436 S 08/16/08 699 T _ 09/16/08 _400 S 05/17/08 T 06/17/08 483 Th+ 07/17/08 432 Su 08/17/08 649 W 09/17/08 —394^ _Su 65/18/08 " 862 . W 06/18/08 403 F _07/18/08 531 M 08/18/08 426 Th 09/18/08 ---436 M 05/19/08 570 Th 06/19/08 508 S 07/19/08 661 T 08/19/08 389 F 09/19/08 677— T_ _05/20/08 _398 F 06/20/08 662 Su 07/20/08 614 W 08/20/08 367 S _09/20/08^ _ 891 W 05/21/06 ^405 S_ 06/21/08 812 M 07/21/08 503 Th 08/21/08 416 Su — 09/21/08 703 Th_ 05/22/08— 257 Su 06/22/08 699 T — 07/22/08 412 F 08/22/08 — 548 M 09/22/08 406 F 05/23/_08 144 M 06/23/08 514 W _07/23/08 396 S 08/23/08 712 T 09/23/08 _ 396_� S— 05/24/08 586 T 06/24/08 393 Th — 07/24/08_ 431 Su 08/24/08 663 W 09/24/08 402 Su _05/25/08 491 W 06/25/08 375 F 07/25/08 593 M 08/25/08 435 Th —09/25/08 472 M 05126/08 632 Th 06/26/08 359 S 07/26/08 739 T 08/26/08 361 F_ 09/26/08 581 T^_ 05/27/08 737 F 06/27/08 511 Su 07/27/08 590 W 08/27/08 376 S 09/27108— 803 --- W 05/28/08 _606 S 06J28/08 741 M — 07/28/08 388 Th 08/28/08 411 Su 09/28/08 644 FILTh 05/29/08 505 Su 06/29/08 626 T_ 07/29/08 300 F 08/29/08 667 M 09/29/08 38_9__ F _ 05/30/08 707 _ M_ 06/30/08 512 W 07/30/08 352 S 08/30/08 635 T 09_/3_0/08 —568 y S —_05/31/08— 803 — — --- Th — 07/31/08 _292 Su 08/31/08 523 S TOTAL 17,744 TOTAL 15,907 TOTAL 15,542 TOTAL 15,823 TOTAL —15,607— fD tit nit, via ps IF / t c L $ ' �•, -,. >_ - ��rA P`.is al •J � ^(P �+ t -_' , ;r., :.. c` ut' :�, t u �: '..: ,..- ,<"r".r. .. ... ,.. • W ,1*l� �1JI?I.ti�. �, �pp�f�.t•,; r a, '..S.7y%ir';f S '1 ra: `r' .ly A �'•? 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',st t li �� � rt,. .ale, u /s��£ ,, 2w�4v t .A�•.,,. / t+i+-rry.u,,''" •t' •';;'�!, ,.1".:rc yi ;, r y ' I ' c�w'1 �y. `•;M1;"r�`i{�:.,.: /ti'1'.,!�.z ., $:fa,',w�i, A4#}'�•d fit. �.:i,, October 11, 2009 Customer failed to make the turn at the exit w ;a ':mashed through the block wall and ended r" f , 'ftfwN �',': ,�� , V-;` .,,_.. • up in the adjacer,t parking lot ,' V r � jS: ':��� �6;' •pit. i Here are a number of photos taken on Saturday, September 19, 2009 at the Tommy's Express Car Wash belonging to the applicant which is located in Long Beach on the NEC of Santa Fe and Willow. As you can clearly see the wash is_ rundown, dirty and poorly "operated: 'Theo- corner sign has not been maintained and has letters peeling off. Trash litters .the lot. Signs mounted on orange poles direct customers into the public alley in order to enter the tunnel. Signs are bent and rusted. Old dirty banners are on the side of the building. The clutter of signs and junk at the exit of the tunnel is truly amazing. Mr. Hwang's current performance in managing his Long Beach carwash is a clear indicator of his future performance in Huntington Beach. The fine City of _ Huntington._B_each would not want- this -mess -on--any intersection in the city. ATTACHMENT O,_lo_•Z1 -503- Item 7. - Page 123 r 7J!Jtir�'.r.•c � � � .y. - a; .�«.ar.,.d,.. at}^ ,k "tr .Y..:"`cN<.c,:t ,Y'-!; k'{'• � �l;e�.� "���+5 k'�,�t ' ,n ,.,,,�;aryt,'r �'""r '�,i:,;,`"''. r• ,< ^; ::?.ak Rw; zs;�w .+,}� .•Tq:,ry-�: .Ytx, `of ;�":cf.},,;k:L. » .iJ x�'tt<�S,! K� wf�,ef _,i J�°, .5,.:«:..,•yv „a¢n,;,.x��.4;�;•y�4 ..ti?&:i'%,� n'�ti tn'F �'g,,y,.iFr.'. Vr tli4+: .aS,a ;r�W':I::� �Ft��j".i'i+;'i hli•: 'ty�'q,,;,� '1"�+���l '�.,f�l: 1r>:f:':' r',.• r Ylv!,A i;.:t.;!,,�+;>>,; 1,'t;. .. .. � r� �T�,',.ts,„. I< ,�T'Y .. ^� ;a ,, `i,�Y,r � ,r%:'`7'a'Ft'l!� •ty;$i',:� �� .f'kJ:1'7Ji`I'f 1',b:i.. .1..�� ; 1�� ,:,r„I a. 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P Exterior noise standards are: Zone 1 (Residential Properties) 55 dB 7 am-10 pm 50 dB 10 pm-7 am Zone 2 (Prof. Office/Pub. Institutions) 55 dB Any time Zone 3 (Commercial Properties) 60 dB., Any time = __ Zone 4 (Industrial Properties) 70 dB Any time In the event the alleged offensive noise consists entirely of impact noise, simple tone noise, speech, music, or any combination thereof, each of the above noise level shall be reduced by 5 dB. The Warner-Newland proposed express car wash may well have all of these or more than one of these everyday. Any car wash (either full service or express carwash) facility generally has these offensive noise events almost everyday- Therefore, the corrected Zone 1 (residential area) noise standards will be 45-50 dB depending of the time of the day(See the table above). * CNEL calculation for two 24 hour time period (total of 48 hour data) was obtained and computed between 6/13 — 6/15 which were Saturday and Sunday. These do not represent correct ambient noise level for the area. The background -noise by much more traffic during weekdays will definitely increase the noise level far more. * Meter 1 and meter 2 locations were selected away from the Warner & Newland Street intersection where the least traffic occurred. This also misleads the ambient noise level in the allowed level. Both the selection of the location as well as the measurement of the weekend days will produce far less ambient noise level. Also from the both meter 1 and (more severely on) meter 2, Monday morning has at about 2 dB higher noise than Sunday morning. Therefore, more accurate average should include the car wash business hours during weekdays. * More interestingly, the site operational noise was measured and analyzed on 1/16/2007. It was one of the coldest and slowest business days of the year according to the existing car wash owner's diary record. The business was less than half of the normal business during same month of January which also is the one of the slowest rainy season. The choice of the site operational noise calculation date was biased. The analysis ironically argued that they included al contribution from ancillary "TTACHME T NO. io_3c� -515- Item 7. - Page 135 activities (cars starting/stopping, employees whistling to get other employees' attention, door slamming and vacuum operation). Our car wash operation data (Warner & Magnolia Car Wash) showed that the selected date was one of the slowest business days of the year. The selected date in their analysis didn't have enough of additional noise they claimed to include. Therefore, they should have used summer date (the busiest business days, May-August) to show that their project is within the city limit noise level. Unfortunately this didn't happen in their study. As shown above, the CNEL measurement date selection, noise meter Iocations, and the operational noise measurement from previously operated express car wash activities were chosen in the manner where they can obtain the data to support their proposal. If we correctly collect data for weekdays, more various meter locations, and compare and add the operational noise measurement at peak business day (not slowest business day), we will obtain much different data that more likely lead noise level far above the city code guzdehne :-- The proposed car wash development site is relatively very close to the residential area. According to the noise level measurement criteria (Huntington Beach Municipal Code 8.40.040) The noise level measurements should be performed in accordance with procedural rules and regulations of the Orange County Health Department (2379-7/79). Therefore, the interior noise standards from the residential property either actual or simulated as well as exterior noise levels outside residential property should be correctly prepared and presented for unbiased dates and season (for example busy weekday during summer). According to the HB city code 8.40.060 (Exterior Noise Levels Prohibited), it shall be unlawful for any person at any location within the HB city to create any noise,or to allow the creation of any noise on property owned, leased, occupied, or otherwise controlled by such-person;-=which-causes--the—noise level when-measured on any residential, public institutional, professional, commercial or industrial property, either within or without the City, to exceed the applicable noise standards: a) For a cumulative period of more than thirty (30)minutes in any hour; b) Plus 5 db(A) for a cumulative period of more than fifteen (15) minutes in any hour; c) Plus 10 db (A) for a cumulative period of more than five (5) minutes in any hour; d) Plus 15 db (A) for a cumulative period of more than one (1) minute in any hour; or e) Plus 20 db (A) for any period time_ In the car wash business, often times there will be sirens, car alarms (either original car equipped or 3`d party equipments) will produce loud annoying sound that «fill increase noise level significantly and more than 5 minutes and sometimes more than 15 minutes in many cases. This is very normal in many car washes and not a rare event at all. According to the above city code prohibition, this will be very problematic, too- ATTACHMENT '_*0.10.yC1 Item 7. - Page 136 -516- For the similar sense, according to the HB city code 8.40.080 (Interior levels of noise prohibited) it shall be unlawful for any person at any location within the HB city to create any noise, or to allow the creation of any noise on property owned, leased, occupied, or otherwise controlled by such person, which causes the noise level when measured within any other structure on any residential, public institutional, professional, commercial or industrial property to exceed; a) The noise standard for a cumulative period of more than five minutes in any hour; b) The noise standards plus 5 db(A) for a cumulative period of more than one (1) minute in any hour; or c) The noise standard plus 10 db(A)for any period of time. Each of the noise limits specified above shall be reduced by 5 db (A) for impact or predominant tone noises, or for noises consisting of speech or music. Many customers to the Express Car Wash site sometimes listen to loud music from their CD, radio, and sometimes with significant base sound from their equipped woofer systems. The false alarm sound, the malfunction of their horn sound would create the noises discussed and categorized above. City code 8.40.111 (Prohibited noises) also include, but not be limited to many items (3216-12/93). One of those items was; 8.40.111 (e) The proximity of the noise to residential sleeping facilities; (3216-12/93). Finally the HB City Code 8.40.112 (Loud noises) states that it shall be unlawful for any person to: (a) Use, operate, or permit to be operated any radio, receiving set or device, television set, musical instrument,phonograph, CD, DVD, tape player,juke box, or other machine or device for producing or reproducing sound in such a manner as to disturb the peace, quite, and comfort of other person. (3514-12/01) Unlike other businesses, Express Car Wash is operated without much attention from the business staffs. All vacuum cleanings and wiping are done by each customer, who may well violate above code resulting public discomfort and annoyance. Attached are the articles showing recent reject from the city staffs for car wash proposal in Southern California. The main issues were traffic circulations as well as noise levels. Please read these articles for your review. TTACHNAE-Al i I -517- Item 7. - Page 137 Thank you for your consideration. Sincerely, Steve S. Park,Ph.D. President Farmer Scientist and Faculty Lawrence Berkeley National Laboratory& University of California, Berkeley,CA 92720 Item 7. - Page 138 -518- For Zoning Administrator Hearing Comments related to Noise Analysis, Prepared by Steve. S. Park, Ph.D_ President of Park-Chem. Inc. 9063 Warner Ave. Fountain Valley, CA 92708 I briefly read the application folder prepared by Thomas Hwang which includes some noise analysis for the possible noise from the proposed express carwash. In my opinion the study may have been conducted without considering all possible combined effect of noise constituents generated from all sorts of equipment,tunnel parts, automobiles moving, and automobiles during the vacuum process.The noise that residents who live adjacent or close to the car wash facility will have much-more constituents than just the simple independently and artificially measured and analyzed noise in the study.Worse situation also includes occasional horning between drivers, false car alarm sound, and so on.Also as a car wash owner(we are located perfectly and surrounded all by commercial areas and huge parking with no residential area near by;9063 Warner Ave. Warner Ave. & Magnolia, intersection between Huntington Beach and Fountain Valley) I experience, too many times,the noise from automobile accidents, false car alarm sound, horning between cars, etc. Therefore,the noise study they performed for the installation of the carwash is not sufficient to represent the actual noise the nearby residents will experience_ I hope the Zoning Administrator Committee will carefully consider this effect to protect the quality of the local residents in the city of Huntington Beach.Above all, there is already Express Carwash located just block west of proposed site which has been a carwash for many years without disturbing neighbors. (Note) Steve S. Park, Ph-D. is the president of Park-Chem. Inc. Park-Chem_ Inc.owns and operates the Fountain Valley Hand Car Wash(it is a full service hand wash). He is also an environmental scientist participating researches in renewable energy and environmental studies. He has worked as a staff scientist and faculty at Lawrence Berkeley National Laboratory and the University of California in Berkeley,California during 1997-2005. He has published numerous scientific articles, governmental reports, and several book chapters. All of his excellent scientific works have been published in renowned journals including Environmental Science & Technology, Proceeding of National Ac- of SriQnce Journal of Physical Chemistry, etc. Following is his contact information. E-mail SPARK@natu ee.berkeley.edu ailing address: Park-Chem. Inc_, 9063 Warner Ave_ Fountain Valley, CA 92708. Cn Gtr� 1�sc<eS m� -f Pr t s h o i 1 S �� _ -519- n Item 7. - Page 139 List of Signers who are against the carwash installation at Warner& Newland in Huntington Beach as of 9/22/2009_ List of signers who are against the new carwash at Warner & Newland Name Address Signature W Ow Fo 16961 M)'noru Ln -A 1 ,0 831J Sa1u Gpr e I RV c c Y /b '�! i�� yU � f/Ja✓� Ley' �+ 49 3I P11 2 V 4L- A� C3 :, a e u I c }n u 7G04Y� U-40— ���a►�I1eY �� 1 � �_ Prepared by Carlos Cerventes d� ATTACHMENT NO.-i(.yq Item 7. - Page 140 -520- A Name Address Signature �c 1 21 M know Vt) *bK I r � Prepared by Carlos Cerventes at ATTACHMENT NO.AAS -521- Item 70 - Page 141 Page I of 2 Edwards, Ethan From: Larry Kennepohl[LKennepohl@peppertreeinc.com] Sent: Monday, October 05, 2009 12:07 PM To: Edwards, Ethan Subject: RE: CONDITIONAL USE PERMIT NO 2009-002 (NEWLAND CARWASH) Hi Ethan, I agree that a meeting after the revised plans have been submitted would be better. I would like to hold my comments until after the revised plans have been submitted. Will you please notify me when the revised plans are available for review? have operated an Express Car Wash in Buena Park since 2005 on the corner of Knott and La Palma. The traffic count on that corner is almost identical to the traffic count on the corner of Warner and Newland. In 2007 and 2008 we had many days were the customer count exceeded 700 cars and a few days where we' reached 1000 customers. An Express Car Wash is quite different from the typical Full Service car wash we are all familiar with_ In an Express Car Wash the customer stays in the vehicle and rides through the tunnel while the equipment cleans the exterior. The Express Car Wash is usually priced at$5,$7,&$9 with a free vacuum for the customers use. An express Wash is all about volume. A Full Service Car Wash will typically wash 150 to 200 cars per day. A successful Express Car Wash will typically wash an average of 12,000 to 15,000 cars per month with the summer months having the highest volume and Fridays and Saturdays having the highest daily car count. The projected volume is based on the industry"Capture Rate"which I will explain in more detail when we meet. project that this site will attract more customers than it can possibly handle and the site will be an absolute mess. Three years ago I spent a couple of thousand dollars working with my architect and industry experts trying to fit a successful express wash on a typical 150 x 150 corner lot and could not do it. Regards, Larry Kennepohl From: Edwards, Ethan [mailto:Ethan.Edwards@surfcity-hb.org] Sent: Monday, October 05, 2009 9:19 AM To: Larry Kennepohl Subject: RE: CONDITIONAL USE PERMIT NO 2009-002 (NEWLAND CARWASH) Hello Larry, Thank you for your comments.At this time the applicant is requesting an extension of time to address concerns that have been raised—some of which relate to circulation, noise, and aesthetics. We hope to have revised plans within the next few weeks. Perhaps it would be better to meet after we all have a chance to review the revised plan. In the mean time, you are welcome to send me your comments and any photos you would like staff to review. Regards, Ethan Edwards From: Larry Kennepohl [mailto:LKennepohl@peppertreeinc.comJ Sent: Monday, October 05, 2009 11:00 AM ATTA('HME IT NO. Item 7. - Page 142 -522- October 28,2009 2 9 2009 Mr. Ethan Edwards Huntington Beach Project Planner City of Huntington Beach PLANNING DEPT.. . 2000 Main Street Huntington Beach, CA 92648 Re: CONDITIONAL USE PERMIT NO 2009-002: Applicant Thomas Hwang, 616 Imperial, LLC. Request: To permit the construction of ari approximately 2,200 sq ft. express service carwash building and associated site improvements, on a vacant 22,363 sq.ft.lot. Location: 8471 Warner Avenue 92647 (northwest corner of Warner Avenue and Newland Street). Project Planner: Ethan Edwards. Dear Mr. Edwards, ` It was a pleasure to finally meet you yesterday. When we met I pointed out to you that the site plan for the proposed Warner and Newland Express Car Wash had vacuums for every space, including employee parking and the handicap space. Employee parking is not indicated on the plan and in no event is there any reason for a vacuum in any employee or handicap parking space. Given the applicants operational history in his Long Beach store I suspect that he intends to have his employee's park in the residential area so that the spaces can be used by customers, Which as you know is not permitted. Removing the vacuums from the employee and handicap spaces leave at most eight spaces for customers use. On very busy days with 700 cars, which is entirely possible in an Express Car Wash, this will result in absolute gridlock as customers jockey for one of the FREE vacuum spaces, customers in one of the spaces are blocked by customers waiting in line to go through the tunnel and customers trying to exit the site are blocked by customers entering the site. This site is entirely too small for an Express Car Wash. Please ask your traffic engineer to consider this and the other information related to customer volume which I handed to you in the 3-ring binder on October 27, 2009. An Express Car Wash is all about low prices and high volume.- This is usually achieved by mechanically washing the exterior and minimizing the number of employees. This is a very successful business model but it has to be done correctly. This site plan misses that by a mile. Be gards, arty rtpo President Pepper Tree, Inc_ 595 W. 7"'St., Suite 202 San Pedro, CA 90731 -523- Item 7. - Page 143 (DD - 3 ° r•TCWY Arte `� t e'.IV ?R iXrT NPAVW wa FLZ4&"[ ( D00,"1K ��IsNl AR T FWI&,WD opt LALT M"i PO N A""GMD{ pt OR INUC"CAP WN 01 f w --� ..— _.. PROJECT DATA a (� ' �* uNoecn BUILDING DATA 917E DATA '�DAK. .ic {I 1G.CL#p(TTTJ VolTTICN TT►,te.I TM V-e (N) INIt'Et'IjI.rN.CCRNCR N4RNCR M'0 0 tar ' IAVfPblf 'VL SCR On CM.PAV ADDRLeO WTI HARNCR AVL I� Of` D'ID.•T WLY DO LA WILDII..MtA1 � v r••s'p4)s' IX CVaD �qNd CONOTRUCT 1 w' •� DbfIATING WIC^' "'•IAIKf TLLLCw ��y� N LW Cr6"t Fe. PIC C6 ny6rid ,� 9CIeT1W LOIING. WILDING 994W.f00MG[L KRUGL A,NTL,L - Ip - 1 WILDING NL1WT� JL.. Mt MLA. MW{ fT ^_ • '�. f rw Mu rare a x rar e¢L Imo'• y w I etTMCAD e c TAAII 1°'*c cow DATA T Coe NDC TA�d ILLp11 ( V l_D'KJtIG `.✓ W D. ' ^�I Lam" al Rlc AAo 114"(Ca"e"GR V d .yl or we c.Mwnr ar V1 �q r.2 4 n t° ar coo[ LCTIG eLADI.a!?N] 4,I bpi T.Ld NINDIf.AP CDDC Z I-- ,I I � AffLKNlT eAA>rTw+DtNNIe ]I]µ eT G Vf MARK 00"'JIMW ..1'dGk>w37r VACyVM COMTRUCT A MW TNw CM NAYI r ' I PARKI 1 w an 2W-- ]1LWINGICH etAW Wm!(AK DATA%226W.tw W.R 4 � � VV!'1 !I' v a I •{' � N KLCP RMNW.AMKAT*4 6/°POW y. I ` l( I , ` 7•{I ( •� f1N1 W[u A1Y4.KAT7� /'AR9 1W DATA, PAW0 ltzovp tl . PARKING IROODW n I1I +.a.v.I. i-1• I au V o l) """ O-++'• ~_-M v/CVVI'1 .9 J CLCCT Rn z 1'�'IOI� {6RL L N I i PARKIST daffL HALL v TO'-•' TR[R DC I I pr• 0'-V OG LU Z �tLTvyr-rriwl. SITE t 1A Two V R D A•o IIy N� TNRN1 GUDC f[00,°.T � u TRLR DL s�crrcw__ _n � I" eRK.A IAVL'K! nDM At V J" _ A lT I'LL IRC°9 Q .J►[D PY RR[ WbA W.V. ,a nrtt wRN O°Y awc[ L9 TA STOWva eaxTT L�Ni]NLO CR lALT DNAKL H AL E C%[e�LICL11[uAeID[rARKLIN'w1. )•..' *7v.= KJI cs V LANDYARf'� /�1� 10'(1NN) 5 OP w 9TV"T ND( NWWl rnL.ya PLOT OSED 0GN eT Dt•HA l ut° PLAN (N) LWIT '']' T rn ..�_Y WARNER AVE r.-mow /�/�/� .,: LIS BERM SECTION L Jos NO. ra' s�st HUNTINGTON SEAC� A-1 November 2,2009 Mr.Ricky Ramos Zoning Administrator NOV p 3 2009 City of Huntington Beach 2000 Main Street Huntington Beach Huntington Beach,CA 92648 pLANFT NING DE And: Mr. Ethan Edwards Project Planner City of Huntington Beach 2000 Main Street Huntington Beach,CA 92648 Re: CONDITIONAL USE PERMIT NO 2009-002: Applicant Thomas Hwang, 616 Imperial, LLC. Request: To permit the construction of an approximately 2,200 sq. ft. express service carwash building and associated site improvements,on a vacant 22,363 sq. ft.lot. Location: 8471 Warner Avenue 92647(northwest comer of Warner Avenue and Newland Street). Project Planner. Ethan Edwards. Gentlemen, The purpose of this letter is to make you aware of two rather large problems with the proposed project site plan. The first problem is that the proposed plan does not allow a sufficient turning radius for vehicles entering the tunnel. To illustrate the proper alignment I pasted a straight vehicle onto the plan. The applicants plan indicates a vehicle entering the tunnel at an angle which if permitted will cause the vehicle to strike the washing equipment causing damage to both the vehicle and to the equipment. The second problem occurs at the exit. The site plan did not show a vehicle so 1 pasted one onto the plan. (Note that there is only 7'4" between the comer of the building and the interior landscape curb). The problem is that a vehicle may not begin to turn until after it has completely exited the tunnel. To begin turning prior to exiting the building will cause the vehicle to strike the drying equipment and damage both the vehicle and the equipment. To completely exit the building before turning will cause the vehicle to strike the curb. The solution to both problems is to shorten the tunnel so that there is enough room to enter and exit straight. This, of course, is not a good solution because it will dramatically decrease the number of cars that can be washed per hour and severely impact the gridlock situation on a busy summer weekend_ The site is simply not large enough to accommodate an Express Car Wash. R rds, Larry nnep Presid t Pepper Tree, Inc. 595 W. 7`h St., Suite 202 San Pedro, CA 90731 -525- Item 7. - Page 145 � • RtlTEGnAT � � r J WM) EgIIFT'[HT A/C cy PAYpRNf - Fes" P VEtblf cWl{ W �-z ffe -PANT 7[Lti1t � ) J J 2 �' l A2 PAVDYNT 1�y y Agave n ' PA V ARKMKt17G ec• J ,gmz r wait or£TCE a S t TORFT l_ Il Il Z VACUM PARK)"G ' 0 e' STAG 1"'t f I .r u TFL►� w TPE .vC JJ jT 7 = DC PAVpIWi #A - •'. 4' ARKX PAVW fCrb J (�T)PRL3a ca z1Arp[D r� t 1RL-kWi3 Nl1N pCY 3NAR[ [D - ARM"rmv^45 Ev OR 3ALT?KwICI �iP+f _ DR 3aUCQK URn7De 3TA/bgJI�Y.9. T-c' SiKIT eGt w(r.R) w 5 �Tn.c wane 5 pp �nmrr 5" xa at mine M)a,ae to me uz1 (N) L.41ff 1-24 3 b _ `iGBt�i L� or -0. ��- WARNER AVE 1.a`1H f - HUNT I NGTON BEACH Item 7. - Page 146 -526- January 26, 2010 0n v Huntington Beach Planning Commission �tunt�rig�on ae PT Chair Blair FarleytiNG D� City of Huntington Beach 2000 Main Street Huntington Beach, Ca. 92648 Subject: Appeal of Zoning Administrator's approval of an Express Service Carwash located at 8471 Warner Ave. (Conditional Use Permit No. 2009-12) Dear Chair Farley and Commissioners: My name is Larry Kennepohl and I have appealed the Zoning Administrator's approval of Conditional Use Permit No. 2009-12. 1 am the owner of Express Car Wash located at Beach Boulevard and Warner Avenue. While the approval of a new car wash facility at Newland Street and Warner Avenue may create some level of competition, my main concern is the idea of allowing the proposed car wash to be built without all of the necessary safeguards, compatibility techniques and quality building materials typically employed in our industry. The selected site will result in a number of concerns which should be addressed. 1. Noise generated by the carwash, vacuum cleaners and radio usage will impact residents living in the adjacent apartments_ Recommendations • Require roll-up doors at each end of the car wash, to contain the noise of the machinery during the car wash process. (A condition which has been placed on other Huntington Beach cacwashes) • Relocate the vacuums away from the adjacent residential uses. • Post signs prohibiting the use of car radios while on the property. • Require 5 employee parking spaces without vacuums adjacent to the apartments on the western boundary. • Limit hours of operation by requiring closure at dusk. 2. The turning radius for vehicles entering the carwash is inadequate and will not function properly as designed. Recommendations • Reduce the length of the car wash structure by 10' on each end in order to allow vehicles a straight line access for both entering and exiting the facility. • Require the use of an anti-collision devise to prevent vehicles exiting the car wash from hitting vehicles that have stopped at the end. ATTACHMENT O._ -527- Item 7. a Page 147 e 3. Choice of building materials may deteriorate and become a maintenance problem in the near future. Recommendation • Require regular cleaning and maintenance of the on-site improvements. 4. Vehicles exiting the carwash building can crash through a landscaped barrier and end up on the public sidewalk or Warner Avenue. Recommendation • Require a strong wall, a minimum of 42 inch high with steel reinforcing at the exit of the car wash building, to prevent vehicles from going into the public right-of-way (a condition placed on other auto related facilities). b. Car wash facilities present unique sustainability and environmental concerns. • Require the use of a Variable Frequency Drive to reduce the drying blower energy consumption • Require the use of a water reclaim or recycling system. These recommendations are intended to make the proposed car wash a more compatible activity for the location. Reducing the car wash size, to address the site maneuvering concerns expressed above, will also result in fewer cars washed during the peak times. The potential for on-site gridlock due to the high number of proposed activities on the site, including, washing, vacuuming, detailing of vehicles along with vehicle queuing before entering the car wash building, will be reduced. I respectfully request the Planning Commission's consideration the adoption of these concerns in the form of additional conditions of approval to alleviate the impacts discussed in this letter. I would like to meet with each member of the Planning Commission prior to the February 9 hearing date to review my concern in greater detail. 'Sin ely, l Larry e nepoh ,AT ,,A,CHM T (I_w _o Item 7. - Page 148 -528- -529- Item 7. - Page 149 Item 7. - Page 150 -530- y§ti; s-1-. -.3i L'f.;' -+.`... ' ::": .� , 5a .-w. _�.,r- �:r. - F.:,t`.i�,<r'..'.' "�y..=?r:F``�{ G.r,'.2 yam$ , �. .Y af... u�xi -;to B e P an,� c 8 _ca� De a '.r�ea . .. ,.:. -'.. ✓;;.'=' - X''""�''. a,?^r; "J":, -s 'R- ?:a^' xr. - `"' - - ..:'.•'. ..r'.z'..' ,r-,.,,.cam-�• g" n,.r. .. - .. `: s x ) _ - -^i:;.ai•:.r,-zip°=2 ''.-,'fi,x s. -.;ya _ .;r.= . _ ;''�.•2':1'�, �� y- —a.4�- �S`^.:'�'_`° :'.2�'"+a'y�1, '�.1.'��,t..A'-��.: ..�-�'�.z- -.-ss.'A ,vi.-+=:3 `P's;3,.. -yz•^.-µ.t ,"`- ,i.,'�. s',*.: ? ^`iw 2.:r,Y y,,� '' 3, •x..5rs' "✓' .;i�' - r..A .•,.�-.,^,'--,�,:t4 ate"__ vr:nrq".. - _ ;� � - _..1'., s-ni,•4s7+Fr."r,_ <f�-- - '?�... ..x%:: r .?rry-.°%"' :--,nL`?- ..r.. ..•,�',.. Ty.JI� - - .,�,y-M ::,_".�F`"7{�:,• '.•_',. r,,...a:,:n�f_ '.�r;Nt�: ''.-�;�J:a.7,". - .-.,�.. s...t.,€ . 4ro.�fi.:x-'3? HUhlTINGTON BFACH� - =.4;z' ...:��,x -- ,.-.sue �`., ,,•=?'..s --e,;;t..-;. 'kx. �?;:; 3.z, ._'�.*.s � _�-�s�` - "�'is S` - 'a<ti� ire,-: - _��;:xE= :;�s:�:�-'r.�-;�v:�.".u�'t:�':.;�... ✓:_.w. :..se�:c, - r,c � .,;.��= TO: Planning Commission FROM: Scott Hess, AICP, Director of Planning and Building BY: Ethan Edwards, AICP, Associate Planner DATE: February 9, 2010 SUBJECT: APPEAL OF ZONING ADMINISTRATOR'S APPROVAL OF CONDITIONAL USE PERMIT NO. 09-012 AND (NEWLAND CARWASH) APPELLANT: Larry Kennepohl, 3423 Starline Drive, Rancho Palos Verdes, CA 90275 APPLICANT/ PROPERTY OWNER: Thomas Hwang, 616 Imperial LLC, 1050 E. Anaheim Street, Long Beach, CA 90813 LOCATION: 8471 Warner Avenue, 92647 (northwest corner of Warner Avneue and Newland Street) STATEMENT OF ISSUE: o Conditional Use Permit No. 09-012 request: - To permit the construction of an approximately 2,336 sq. ft. express service carwash building and associated site improvements pursuant to Section 211.04 of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO). e Staff s Recommendation: Approve Conditional Use Permit No. 09-012 based upon the following: - The project will not be detrimental to the general welfare of persons working or residing in the vicinity or detrimental to the value of the property and improvements in the neighborhood. - The project will be compatible with surrounding uses. - The project will comply with the provisions of the base district and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance. - The project, as conditioned, furthers General Plan goals and policies. !tD i -531- Item 7. - Page 151 s ""MEN ONE ONE IMIFA ONE ' - y4, - T ry G _. l.ya� �_ .. �• i N� 6 - i T'Fay Zr RECOMMENDATION: Motion to: A. "Approve Conditional Use Permit No. 09-012 with findings and suggested conditions of approval (Attachment No. 1)." ALTERNATIVE ACTION(S): The Planning Commission may take alternative actions such as: A. "Deny Conditional Use Permit No. 09-012 with findings for denial." B. "Continue Conditional Use Permit No. 09-012 and direct staff accordingly." PROJECT PROPOSAL: Conditional Use Permit No. 09-012 represents a request to permit the construction of an approximately 2,336 sq. ft. express service carwash building pursuant to Section 211.04 of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO). Associated on-site improvements include new City standard driveways with decorative paving, a noise attenuating canopy at the western vacuum parking area, 12 off- street parking spaces, pedestrian pathways with decorative paving and site landscaping. The hours of operation for the carwash are between 7:00 a.m. and 8 p.m. A maximum of two employees are anticipated to operate the facility by assisting customers with payment, answering any service related questions and to ensure operational efficiency. The project site is a 0.47 acre (approximately 22,500 sq. ft.)undeveloped commercial property, located on the northeast corner of Warner Avenue and Newland Street, in the CG (Commercial General) Zone. The site was formerly used as a gas station. The surrounding neighborhood is developed with residential and commercial uses. Zoning Administrator Actions: A public hearing before the Zoning Administrator (ZA) was held on September 23, 2009. The ZA reviewed the applicant's request for an express service carwash building and associated site improvements. Staff presented the project and identified three main unresolved issues with regard to circulation, noise, and design. The original plans showed building orientation that was parallel with Newland Street. This orientation was found to be problematic because it was unclear how patrons entering off of Newland would safely circulate and enter the carwash tunnel_ To address potential noise impacts, the applicant submitted a noise study that adequately addressed noise impacts and showed compliance with the City's Noise Ordinance. Although, the noise study indicated compliance, staff recommended an alternative design or modifying the building orientation to further offset any potential noise impacts to adjacent residential uses. The City's Design Guidelines require consideration of the character of development in the surrounding area and to minimize excessive or incompatible impacts of noise, light, traffic, and visual character. Staff found that the proposed design could be improved by incorporating architectural elements found within the surrounding residential and other commercial developments. As a result, staff did not recommend approval of the proposed design. Several members of the public spoke in opposition to the proposed project citing some of the same concerns that were PC Staff Report—02/09/10 -533- 10sr]9 CUP o9-01 Item 7. - Page 153 raised by staff. The applicant spoke in favor of the request and requested a continuance to the October 14, 2009 meeting. The additional time would permit the applicant an opportunity to address the concerns raised by staff and the public. On October 14, 2009, the applicant requested another continuance to the November 18, 2009 meeting to further refine the design and address the concerns raised. On November 18, 2009, the ZA reviewed the applicant's revised plans. The revised plans resulted in limiting the Newland Street driveway to egress only along with improved on-site circulation controls through specific design and site improvements. The revised design included an angled building orientation sited furthest away from residential uses at the southeast corner of the property. In addition, a 12-foot high noise attenuating screen canopy was introduced along the western edge and noise emitting mechanical equipment (including vacuum apparatus) would be enclosed within the proposed carwash building. The applicant also provided revised elevations and materials board that showed consistency with the City's Design Guidelines and incorporated elements found within nearby residential and commercial buildings. As a result, staff supported the revised design and layout citing that the concerns raised at previous hearings had been sufficiently addressed. One member of the public, Larry Kennepohl who introduced himself as owner of the express car wash at the southeast corner of Beach Boulevard and Warner Avenue (appellant), spoke in opposition to the project. Mr. Kennepohl gave a presentation citing concerns with noise, parking and the car wash operation. On November 18, 2009, the ZA conditionally approved the application as recommended by staff. Appeal•' On November 30, 2009, an appeal of the ZA's decision was filed by Mr. Kennepohl (Attachment No. 4). The reasons for the appeal include: lack of water recycling, noise study issues, employee parking and vacuum conflicts, carwash tunnel design issues and the site is too small for development. Staff s analyses of the reasons for the appeal are summarized in the Analysis section of this report. Study Session Summary: A question regarding the typical express carwash lot size was raised during the Planning Commission Study Session meeting on Tuesday, February 24, 2009. The applicant responded during public comments stating that he owns two other express carwash facilities in the City of Long Beach and both have lot sizes smaller than the proposed site. One is located at 1050 E. Anaheim Street and has a lot size of approximately 13,500 sq. ft.; and the other is located at 1625 W. Willow Street and has a lot size of approximately 9,900 sq. ft. The City of Huntington Beach currently has three express carwash facilities. One is located at 20012 Beach (southeast corner at Adams) and has a lot size of approximately 22,950 sq. ft.; another at 17042 Beach Boulevard (southeast corner at Warner) and has a lot size of approximately 25,040 sq. ft.; and the third at 19002 Brookhurst Street (southeast corner at Garfield) and has a lot size of approximately 17,805 sq. ft. Item 7. - Page 154)9/io -534- 1Osr19 CUP 09-012(Newland Carwash) ISSUES: Sub ect Proper Propertv And Surrounding Land Use Zo inz And General Plan Desi nations: ., 1"5 ra:. . ;"�r,,fz_' z Subject Property CG-Fl (Commercial CG(Commercial General) Vacant(formerly gas General-0.35 Max.FAR) station) North&West of the RMH-25(Residential Medium RMH(Residential Medium High Multi-Family Residential Subject Property High Density-25 du/ac) Density) South of Subject CN-FI (Neighborhood CG(Commercial General) Commercial Property(across Warner Commercial—035 max. FAR) Avenue) East of the Subject RL-7(Residential Low RL(Residential Low Density) Single-Family Residential Property(across Newland Density-7 du/ac) Street) General Plan Conformance: The General Plan Land Use Map designation on the subject property is Commercial General. The proposed project is consistent with this designation and the goals and policies of the City's General Plan Land Use, Urban Design, and Noise Elements as follows: Land Use Element Obiective - LU 10.1: Provide for the continuation of existing and the development of a diversity of retail and service commercial uses that are oriented to the needs of local residents. Policy - LU 10.1.4: Require that commercial buildings and sites be designed to achieve a high level of architectural and site layout quality. Policy - LU 10.1.6: Require that commercial projects abutting residential properties adequately protect the residential use from the excessive or incompatible impacts of noise, light, vehicular traffic, visual character, and operational hazards. Policy- LU 10.1.12: Require that commercial uses be designed and developed to achieve a high level of quality, distinctive character, and compatibility with existing uses and development including consideration of: a. Incorporation of site landscape, particularly along street frontages and in parking lots; d. Siting of building to the street frontage to convey a visual relationship to the street and sidewalks; e. Architectural treatment of buildings to minimize visual bulk and mass, using techniques such as the modulation of building volumes and articulation of all elevations. The project is a redevelopment of a former gas station site with a new express carwash facility. The proposed use will redevelop a currently vacant site with a facility that caters to the needs of local residents. The project will not significantly impact the adjoining residential property to the north and west of the site. The carwash building will be sited furthest away from residential uses. The residential uses to the west will be buffered from the carwash by an approximately 65 ft. separation PC Staff Report—02/09/10 -535- lOsrl9 CUP 09-01: Item 7. v Page 155 consisting of a drive aisle, parking lot landscaping, 12 ft. high noise attenuating screen canopy, 10 ft. wide landscape planter, and a 6 ft. high block wall. Residential uses to the north will be buffered from the car-wash by a drive aisle and a 5 ft. setback with landscaping. The mechanical equipment associated with the carwash will be located inside the building; in addition, the building is oriented so that the carwash tunnel openings do not directly face adjacent residential uses. A noise study prepared by Giroux &Associates on November 6, 2009 identifies that project noise levels will not cumulatively contribute to significant impacts. Lighting will be designed to be directed onto the project site without any spillage on to adjacent properties. Urban Design Element Objective - UD 1.1: Identify and reinforce a distinctive architectural and environmental image for each district in Huntington Beach. Policy - UD 1.2.I.E: Enhance the connections, where feasible between the public sidewalk and private commercial interior open spaces as described by the Land Use Element by using decorative paving materials. The proposed design of the carwash building will incorporate distinctive architecture which includes variations to the roof height and form, insets and offsets in the building fagade to create enhanced visual relief and break up of building mass, and variations in exterior building treatments. The project Will incorporate a connection from the public sidewalk on Warner Avenue and Newland Street by providing clear and identifiable access to the carwash building. Noise Element Objective - N 1.4: Minimize noise spillover or encroachment from commercial and industrial land uses into adjoining residential neighborhoods or"noise-sensitive" uses. Objective -N 1.4.3: Require that the parking areas of all commercial and industrial land uses, which abut residential areas, to be buffered and shielded by walls, fences, or adequate landscaping. A noise study prepared by Giroux & Associates on November 6, 2009 identifies that project noise levels will not cumulatively contribute to an increase in levels above established thresholds. Noise will be attenuated through operational requirements and onsite improvements which include limiting the hours of operation(Suggested Condition of Approval No. 4.a), and providing for a perimeter block wall and appropriate building orientation. Additionally, noise emitting mechanical equipment will be enclosed within the building and oriented away from residential properties. Zoninz Compliance: The project, as proposed, complies with applicable provisions of the CG (Commercial General) zoning designation, including maximum building height, minimum building setbacks, maximum floor area ratio, minimum site landscaping, and minimum parking requirements_ In addition, a list of City Code Requirements, Policies, and Standard Plans of the Huntington Beach Zoning & Subdivision Ordinance and Municipal Code has been provided to the applicant (Attachment No. 5) for informational purposes only. Item 7. - Page 156)/10 -536- ]Osrl9 CUP 09-012(Newland Carwash) Urban Design Guidelines Conformance: The Huntington Beach Urban Design Guidelines contains guidelines specific to Special Consideration, Commercial uses such as carwashes. The project generally conforms or is conditioned to comply with the objectives and standards for carwash projects contained in the Guidelines, including siting the building at the street corner, accommodating anticipated circulation patterns between vehicles and pedestrians, improving the driveways to current standards, and minimizing the visibility of mechanical equipment within the carwash tunnel openings. Environmental Status: The proposed project is Categorically Exempt pursuant to Section 15303 of the California Environmental Quality Act, because the proposed project consists of the construction of a new commercial building with less than 10,000 square feet of floor area not involving significant amounts of hazardous substances on a site where public services and facilities are available and the surrounding area is not environmentally sensitive. Coastal Status: Not applicable. Redevelopment Status: Not applicable. Design Review Board: Not applicable. Subdivision Committee: Not applicable. Other Departments Concerns and Requirements: The Departments of Police, Fire, Building & Safety and Pubic Works have reviewed the application and identified applicable code requirements (Attachment No. 5). These code requirements are included for informational purposes only. Public Notification: Legal notice was published in the Huntington Beach/Fountain Valley Independent on February 4, 2010, and notices were sent to property owners of record and tenants within a 500 ft. radius of the subject property, individuals/organizations requesting notification (Planning Department's Notification Matrix), appellant, applicant, and interested parties. Staff has received previous comments from the appellant as well as a comment letter and petition related to the noise analysis. A copy of all public comments received to date is provided as Attachment No. 6 of this report. Application Processing Dates: DATE OF COMPLETE APPLICATION: MANDATORY PROCESSING DATEN: August 1, 2009 November 30, 2009 (includes 60-day extension) PC Staff Report--02/09/10 -537- 10sr19 CUP 09-01:Item 7. - Page 157 Conditional Use Permit No. 09-012 was filed on July 1, 2009 and deemed complete August 1, 2009. On October 14, 2009, the applicant requested a one time 60-day continuance of the mandatory processing timeline. The request was approved by the Zoning Administrator at a public hearing on November 18, 2009, in compliance with the mandatory processing timeline. An appeal was filed by the appellant on November 30, 2009 (Attachment No. 2). ANALYSIS: The primary issues for the Planning Commission to consider when analyzing this appeal are potential detrimental impacts to the general welfare of the community or property (potential noise impacts), compatibility with the surrounding uses and compliance with the Design Guidelines, HBZSO and General Plan and reasons outlined in the appeal letter. General Plan The granting of the conditional use permit will not adversely affect the General Plan. It is consistent with the Land Use Element designation CG-Fl (General Commercial — 0.35 maximum floor area ratio) on the subject property. In addition, it is consistent with the Land Use Element in that the proposed use will redevelop a currently vacant site with a facility that caters to the needs of local residents and is sensitive to the abutting residential properties. The project is consistent with the Urban Design Element in that the proposed building incorporates distinctive architectural elements from nearby commercial buildings and provides for an enhanced pedestrian connection between the public sidewalk and interior of the site. The proposed use is consistent with the Noise Element in that landscape buffers and perimeter walls are incorporated to minimize noise spillover to adjacent residential neighborhoods. Potential noise impacts are further minimized through noise control features and building design. Zoning The project, as proposed, complies with applicable provisions of the CG (Commercial General) zoning designation, including maximum building height, minimum building setbacks, maximum floor area ratio, minimum site landscaping, and minimum parking requirements. Staff is suggesting a condition of approval that would allow for ingress and egress at the Newland Street driveway. This may result in a minor modification of the site plan, including the redesign of the tunnel entrance queuing area, potential elimination of one parking space and relocation of the trash enclosure. An additional suggested condition of approval will require submittal of revised project plans for review and approval to ensure compliance with City requirements. Design Guidelines The Huntington Beach Urban Design Guidelines contains guidelines specific to Special Consideration, Commercial uses such as carwashes. The project generally conforms or is conditioned to comply with the objectives and standards for carwash projects contained in the Guidelines, including siting the building at the street corner, accommodating anticipated circulation patterns between vehicles and pedestrians, improving the driveways to current standards, and minimizing the visibility of mechanical equipment within the carwash tunnel openings. The proposed design of the carwash building will incorporate distinctive architecture which includes variations to the roof height and form, insets and offsets in the building facade to create enhanced visual relief and break up of building mass, and variations in exterior Item 7. - Page 158)/10 -538- 1 Osr19 CUP 09-012(Newland Carwash) building treatments. The project will incorporate a pedestrian connection from the public sidewalk on Warner Avenue and Newland Street by providing clear and identifiable access to the carwash building. Noise A noise study prepared by Giroux & Associates on November 6, 2009 identifies that project noise levels will not cumulatively contribute to an increase in levels above established thresholds. The City has adopted a Noise Ordinance (Chapter 8.40 of the Huntington Beach Municipal Code), which identifies exterior and interior noise standards, specific noise restrictions, exemptions, and variances for sources of noise within the City. The study found that the proposed project will not exceed City noise standards provided that noise control features (mitigation) are included such as limiting the hours of operation, utilizing dryer unit silencers, prohibition of loudspeakers, staff intervention of customer noise, and constructing a noise barrier along the western property line. Noise will be attenuated through these operational requirements and onsite improvements (Suggested Condition of Approval No. 4a-d), and providing for a perimeter block wall and appropriate building orientation. Additionally, noise emitting mechanical equipment will be enclosed within the building and oriented away from residential properties. Appeal Letter Water Recycling: The letter states that the proposed carwash does not make use of available water recycling technology. The applicant will be required to comply with the City of Huntington Beach Municipal Code Chapter 14.18, Water Management Program. This program requires that all commercial carwash systems to have recirculating water systems, or secure a waiver of this requirement from the City. The applicant has stated that the project will include a recirculating/recycling system that complies with City and State requirements. Noise Study: The letter states that the noise study is flawed. A noise study prepared by Giroux & Associates on November 6, 2009 (Attachment No. 10) identifies that project noise levels will not cumulatively contribute to an increase in levels above established thresholds. Potential noise impacts will be attenuated through operational requirements and onsite improvements which include limited operating hours, a perimeter block wall and appropriate building orientation. Additionally, noise emitting mechanical equipment will be enclosed within the building and oriented away from residential properties. Furthermore, the use will be subject to compliance with the City of Huntington Beach Noise Ordinance (Chapter 8.40 Noise Control) and based upon the design and site improvements along with the suggested conditions of approval, it was determined that potential noise impacts will be mitigated. Employee Parking: The letter asserts that the carwash owner will require employees to park off-site to accommodate customers. The HBZSO requires a minimum of 10 parking spaces for car-wash facilities. This minimum requirement can be used by employees and customers (or both). The project includes 12 parking spaces and each is vacuum accessible. One to two employees would be assisting customers during operation hours. Staff has analyzed the parking requirement and has found that site has adequate parking given that there are two additional parking spaces that can accommodate employee parking. PC Staff Report—02/09/10 -539- 10sr19 CUP 09-01 Item 7e _ Page 159 Tunnel Design: The letter describes the carwash tunnel as being too long and does not allow sufficient space for vehicles to properly enter and exit the tunnel. Staff has analyzed the building and site alignment along with anticipated circulation patterns. The City does not regulate the length of the proposed tunnel, but does take into account the circulation and turning radius as a result of site design. Staff does not anticipate an issue with tunnel ingress and egress. However, staff has reevaluated the proposed Newland Street egress only driveway and after further evaluation suggests a condition of approval to allow both ingress and egress (Suggested Condition of Approval No. Lc). This will help alleviate potential conflicts with southbound vehicles making a right-in, and then realizing that the driveway is limited to egress only and inadvertently backing out of the driveway. This modification will help alleviate potential queuing conflicts onto Newland Avenue. Parcel Size: The letter asserts that the site is too small to accommodate the project. The project site is approximately 22,500 sq. ft. and meets the minimum lot size of 10,000 sq. ft. for nonresidential commercial development per Chapter 211.06 of the HBZSO. Currently, the City has three other express carwash facilities with lot sizes that range from approximately 17,805 sq. ft. to 25, 040 sq. ft. In addition, the applicant has stated that he operates two facilities in the City of Long Beach with lot sizes of 13,500 sq. ft. and 9,900 sq. ft. The project, as proposed, complies with applicable provisions of the CG (Commercial General) zoning designation, including maximum building height, minimum building setbacks, maximum floor area ratio, minimum site landscaping, minimum parking requirements, and minimum lot size. In addition, the project will provide adequate on-site parking to accommodate customers and employees and will not present unsafe conditions for pedestrians or vehicular circulation. Summary Staff is recommending approval of the proposed project based on the suggested findings and suggested conditions of approval. The project furthers the General Plan goals and polices which encourages redevelopment of a currently vacant site with a facility that caters to the needs of local residents. The proposed project will be compatible with the surrounding land uses and will not significantly impact the adjoining residential property to the north and west of the site. Potential noise will be attenuated through operational requirements and onsite improvements which include limited operating hours, a perimeter block wall, a noise attenuating canopy, and appropriate building orientation. The project will provide adequate on-site parking and will not present unsafe conditions for pedestrians or vehicular circulation. No potential circulation impacts are anticipated with modifying Newland Street access to allow ingress and egress. The proposed project complies with all applicable zoning regulations including maximum building height, minimum building setbacks, maximum floor area ratio, minimum site landscaping, and minimum parking requirements. Item 7. - Page 1609/10 -540- 1Osr19 CUP 09-012 (Newland Carwash) ATTACHMENTS: 1. Suggested Findings and Conditions of Approval—Conditional Use Permit No. 09-012 2. Site plan, floor plan, &elevations received November 13, 2009 3. Zoning Administrator Notice of Action—CUP 09-012 dated November 19, 2009 4. Appeal Letter received and dated November 30,2009 5. Departments of Police, Fire, Building& Safety and Public Works Code Requirements 6. ZA Minutes dated September 23,2009 7. ZA Minutes dated October 14, 2009 8. ZA Minutes dated November 18, 2009 9. Noise Impact Analysis by Giroux & Associates received November 9, 2009 10. Public Comments SH:HF:EE:lw PC Staff Report—02/09/10 -541- 10sr19 CUP 09-01 Item 7. - page 161 ATTACHMENT NO. 1 SUGGESTED FINDINGS AND CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 2009-012 SUGGESTED FINDINGS FOR PROJECTS EXEMPT FROM CEQA: The Planning Commission finds that the project will not have any significant effect on the environment and is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to section 15301 of the CEQA Guidelines, because the proposed project consists of an addition of less than 10,000 sq. ft. of floor area to existing structures on a site where public services and facilities area available and the surrounding area is not environmentally sensitive. SUGGESTED FINDINGS FOR APPROVAL- CONDITIONAL USE PERMIT NO. 2009-012: 1. Conditional Use Permit No. 2009-012 to permit the redevelopment of a former gas station site with the construction of an approximately 2,336 sq. ft. express carwash building and associated site improvements will not be detrimental to the general welfare of persons working or residing in the vicinity or detrimental to the value of the property and improvements in the neighborhood. The project will not significantly impact adjoining residential properties located to the north and west of the site. The carwash building will be sited furthest away from residential uses at the southeast corner of the property. The residential uses to the west will be buffered from the carwash by an approximately 65 ft. separation consisting of a drive aisle, parking lot landscaping, 12 ft. high noise attenuating screen canopy, 10 ft. wide landscape planter, and a 6 ft. high block wall. Residential uses to the north will be buffered from the carwash by a drive aisle and a 5 ft. setback with landscaping. A noise study was submitted indicating compliance with established noise level thresholds. Noise will be attenuated through operational requirements and onsite improvements which include limited operating hours, a perimeter block wall and appropriate building orientation. Additionally, noise emitting mechanical equipment will be enclosed within the building and oriented away from residential properties. Furthermore, the use will be subject to compliance with the City of Huntington Beach Noise Ordinance (Chapter 8.40 Noise Control) and based upon the conditions imposed, potential noise impacts will be mitigated. Lighting will be designed to be directed onto the project site without any spillage onto adjacent properties. The Newland Street driveway is conditioned to require ingress and egress access to alleviate potential queuing conflicts. The project is on a site of a former auto-related use; consequently no significant traffic impacts are anticipated. The project will provide adequate on-site parking and will not present unsafe conditions for pedestrians or vehicular circulation. 2. The conditional use permit will be compatible with surrounding developments because the carwash building will be located on commercially zoned property, formerly occupied by a gas station, in an area containing similar auto-related land uses. The building's architecture is consistent with the surrounding neighborhood by providing appropriate scale through a single story design and appropriate proportion and character through variable facade offsets and harmonious colors and materials. The proposed development, as conditioned, conforms to the design criteria as stipulated Item 7. - Page 1622/08 -542- Attachment No_ 1.1 within the City's Urban Design Guidelines by siting the building at the street corner, accommodating anticipated circulation patterns between vehicles and pedestrians, improving the driveways to current standards,and minimizing the visibility of mechanical equipment within the carwash tunnel openings. 3. The development will comply with the provisions of the base district and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance, including minimum building setbacks, minimum on-site parking and minimum onsite landscaping, maximum building height and maximum floor area ratio. The proposed car wash use is permitted within the CG(General Commercial) zoning district with approval of a conditional use permit. 4. The granting of the conditional use permit will not adversely affect the General Plan. It is consistent with the Land Use Element designation CG-Fl (General Commercial — 0.35 maximum floor area ratio) on the subject property. In addition, it is consistent with the following goals, objectives and policies of the General Plan: Land Use Element Objective - LU 10.1: Provide for the continuation of existing and the development of a diversity of retail and service commercial uses that are oriented to the needs of local residents. Policy - LU 10.1.4: Require that commercial buildings and sites be designed to achieve a high level of architectural and site layout quality. Policy - LU 10.1.6: Require that commercial projects abutting residential properties adequately protect the residential use from the excessive or incompatible impacts of noise, light, vehicular traffic, visual character, and operational hazards. Policy-LU 10.1.12: Require that commercial uses be designed and developed to achieve a high level of quality, distinctive character, and compatibility with existing uses and development including consideration of: b. Incorporation of site landscape, particularly along street frontages and in parking lots; d. Siting of building to the street frontage to convey a visual relationship to the street and sidewalks; e. Architectural treatment of buildings to minimize visual bulk and mass, using techniques such as the modulation of building volumes and articulation of all elevations. The project is a redevelopment of a former gas station site with a new express carwash facility. The proposed use will redevelop a currently vacant site with a facility that caters to the needs of local residents. The project will not significantly impact the adjoining residential property to the north and west of the site. The carwash building will be sited furthest away from residential uses. The residential uses to the west will be buffered from the carwash by an approximately 65 ft. separation consisting of a drive aisle, parking lot landscaping, 12 ft. high noise attenuating screen canopy, 10 ft. wide landscape planter, and a 6 ft. high block wall. Residential uses to the north will be buffered from the carwash by a drive aisle and a 5 ft. setback with landscaping. 'rhe mechanical equipment PC Staff Report— I1/12/08 -543- Item 7. - Page 163 associated with the carwash will be located inside the building; in addition, the building is oriented so that the carwash tunnel openings do not directly face adjacent residential uses. A noise study prepared by Giroux& Associates on November 6, 2009 identifies that project noise levels will not cumulatively contribute to significant impacts. Lighting will be designed to be directed onto the project site without any spillage on to adjacent properties. Urban Design Element Objective - UD 1.1: Identify and reinforce a distinctive architectural and environmental image for each district in Huntington Beach. Policy - UD 1.2.I.E: Enhance the connections, where feasible between the public sidewalk and private commercial interior open spaces as described by the Land Use Element by using decorative paving materials. The proposed design of the carwash building will incorporate distinctive architecture which includes variations to the roof height and form, insets and offsets in the building fagade to create enhanced visual relief and break up of building mass, and variations in exterior building treatments. The project will incorporate a connection from the public sidewalk on Warner Avenue and Newland Street by providing clear and identifiable access to the carwash building. Noise Element Objective - N 1.4: Minimize noise spillover or encroachment from commercial and industrial land uses into adjoining residential neighborhoods or"noise-sensitive"uses. Objective -N 1.4.3: Require that the parking areas of all commercial and industrial land uses, which abut residential areas, to be buffered and shielded by walls, fences, or adequate landscaping. A noise study prepared by Giroux & Associates on November 6, 2009 identifies that project noise levels will not cumulatively contribute to an increase in levels above established thresholds. Noise will be attenuated through operational requirements and onsite improvements which include limiting the hours of operation (Suggested Condition of Approval No. 4.a),and providing for a perimeter block wall and appropriate building orientation. Additionally, noise emitting mechanical equipment will be enclosed within the building and oriented away from residential properties. SUGGESTED CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 2009-012: 1. The site plan, floor plans, and elevations received and dated September 9, 2009 shall be the conceptually approved design with the following modifications: a. Landscaped setbacks along both street frontages shall incorporate mounding, shrubbery and enhanced vertical elements to enhance the aesthetics of the site and provide for additional screening at the openings to the carwash tunnel and interior mechanical equipment. Item 7. - Page 1642/08 -544- Attachment No_ 1.3 b. The Recovery and Collection Hydro-Carbons area located at the northwest corner of the site shall provide screening to match the adjacent trash enclosure. All screening enclosures shall be compatible and provide materials found in the carwash building. c. The Newland Street driveway shall be redesigned to accommodate vehicular ingress and egress. 2. Prior to submittal for building permits, one set of project plans revised pursuant to Condition of Approval No. 1, shall be submitted for review, approval and inclusion in the entitlement file, to the Planning Department. 3. Prior to building permit final, all existing overhead utilities located along the Newland Street and Warner Avenue frontage shall be undergrounded. This shall include all utilities, including but not limited to telephone, electric, and Cable TV lines. If required, easements shall be quitclaimed and/or granted to the corresponding utility companies. (PW) 4. The use shall comply with the following: a. The car wash facility shall not be operational from 8 p.m. to 7 a.m. b. The car wash dryer units shall be equipped with a silencer. c. Paging and music system speakers located or being activated outside of the building shall be prohibited. d. Customers shall be cautioned against the creation of unacceptably loud noise during waiting and within the vacuum/wipe off areas by signage posted near this area. Customer noise clearly audible beyond the property line (5 dB or more above ambient) shall be eliminated immediately by staff intervention. 5. Incorporating sustainable or"green" building practices into the design of the proposed structures and associated site improvements is highly encouraged. Sustainable building practices may include (but are not limited to) those recommended by the U.S. Green Building Council's Leadership in Energy and Environmental Design (LEED) Program certification (http://www.usgbc.org/Displ4yPage.aspx?CategolylD=19) or Build It Green's Green Building Guidelines and Rating Systems (http://www.builditgreen.or /ig ndex.cfm?fuseaction=guidelines). INDEMNIFICATION AND HOLD HARMLESS CONDITION: The owner of the property which is the subject of this project and the project applicant if different from the property owner, and each of their heirs, successors and assigns, shall defend, indemnify and hold harmless the City of Huntington Beach and its agents, officers, and employees from any claim, action or proceedings, liability cost, including attorney's fees and costs against the City or its agents, officers or employees, to attack, set aside, void or annul any approval of the City, including but not limited to any approval granted by the City Council, Planning Commission, or Design Review Board concerning this project. The City shall promptly notify the applicant of any claim, action or proceeding and should cooperate fully in the defense thereof. PC Staff Report— 11/12/08 -545- Item 7. - Page 165 RiJV 13 2009 Huntington Beach PLANNING _ C 2 STORY AITI NEW ADA DR-WAY PER 5TD/III I L50}DO 01 F 12' BRICK PAVERS OVER FLEXBASf y— (OPT)PRE55 OR STA—EC'MOO P51 CONCRETE flll JOINTS IT.DRY$HAKE COLORED ITORTIR V t 150' BROOM ONI$HED OR SALT SNAKE NITN ALun OXIDE OR 51111:-f CAR w ^^•'I---! ' PROJECT DATA la BUILDING DATA L 0.^AT.Ou i CO$TRVCTION TYPE. TYPE v-B (N) 4f of D'e T�CN L'PC.CVRp(TYP) APN _ p EOV—EN; d >C EnFNT p LCCVPANCr, •B' LIT rvvnBER N w CORNER wARNfR AID NEwLA 1 vA�E ENT AV EXI exx'r CIIL /w 35•D"R TT N NOT ENTER BVILDING AREA,. 21W ADDRESS tlw11 WARNER gvE tl V� NO ?�(nl v HUN71NGTON BEACH CA \ U NEW C-IRUCTICA N} I 2D' A O 90 O F ST RI BVILDINT- - A — _--- ® (� I I �I S.:"o Of STORIES ONE CG - - �i (/I O _ I BVILDING—ARE FOOlAGE1 '}3%' EXISTING LOrviNG _ I� I ] / BVII DING.EIGHT 14- ASRFE AREA, CM'51T f- 215.T SO F1 A a t EO I D • , , �,q�\\\ � FLOOR AREA RATIO Of`'T'L_ A -- V'( 5ETBACXS PRONT I` CODE DATA REAR TTAAD __ I. 1/T L V 9 ( OT<nL 1 0}CPC ") V5. / D/.-0, �EK, RI<HARO Hw NG(ExPRES3 CAR wA3/ � (� -! W Fp w^[] OT CEC IO50 E ANAHFII,ST ff PAVEn ENT Q L 1.21 ENERGY CODE ADDRCSS'LON4 BEAC..CA 4pD13 V I Q / 0' T-II HANDICAP COD[ ;Z� PNONK 36}.awn.}O _ y APPLICANT BRAXT(W DENrv15 _----_-Q WORK DESCRIPTION ADDRC551324 E 1191M1 ST,CARSON,CA HO]�5 ` ^ PHONE PARK NG C) , 14. CONSTRVCT A DRIVE T-.CAR ww SN 90-Djy-19]9 CUP 2MP•012 HVNTINGTON BEACH LANDSCAPE DATA. VA UUM 2-L 10� L/3 REO'D. R� D8 225C0•DCU SO FT PP KING 1 wA OFFICC < PLANNING APPLICATION L/5 PROVIDE 90D1 50 FT }.-LI i 126'-D' PARKING DgiA, -- I"..'1 PUN CrfCc—Al— ,0 �--. PARKING PROVIDED---'} ---- TARfA �n h � O•_ JV I M II RK>ITE '�.�A'•0' V hPVn 4 ,r CLBCT Rn Q �L x N PARRKINKIN A _ PG \ / -D' NAIL TONEE 1E J V I S v1 ER STREET 1 DE z SITE f"IAP� Ww PAVEI'1ENT W� 'CM I ALL TH-A5 GUIDE POID/B-T L41 w N y h L,J IJ \ T L. STONE V NEER ti =3 2 STREET 10E .zi au :.� PARAGlAS SOUND 9T ~-101 irf ` �{ E }aK I'T-E STONE VCN 't }.-L. siRefr ION TS• ILANDSCAPe Tr aKl.. � � / ��F�e9=4y5`e��L' � 10' LANDXAP /�1 �p YVNU wwL B fc pyp'�r.N•......�...J T TITLE IHI Am cv,K BUS 3ITPVE .Je Y PROPOSED -_ C1 5TOP ET VW NCW nONunuNZ '/\�� J�-``^y/ PLOT 1 b14N BY OT ER N)CURp RAn E eR cec unB PLAN INTERLOCKING CONCRETE PAVERS(TYP WALK) T-]IATP A W 1 N 5 NON-SKID TAN COLORED C VfR H CO (NI STREET L.M77 NEW A-DR-1 PER 5TD/21I 1 2502 908A BLCLK GO OR IOVIV)D00•AT3 ]2G (\/1�I\/) q-? FLU PLAN IS'-O' �/ A-9 EL vATr(M5 DRAWN _ SECURITY GRILLE Ei. VENNIS NARNER AVE caecxeD ZI.'2• BRICK PAVERS OVER 1LEXBA5E /� DATE (OPT)PRESS OR STA.nPED IS-PSI C-CRE'TE '.y1 \\� _f 9-9-U9 FILL JOINTS W KE 1TH DRY SHA COLORED—RTAR BROO FINISH HA FINISHED OR SALT SKE WITH A,—OXIDE SCALE OR SILICONE CARBIDE SPARKLINGS. ,•'„\ \Y / \ .'10, 5 BCR N U N T I N G T O N BEACH M��- SPIFFY A-1 N �O LJ 068d - •L Wail— -LDS- - ----- - 2� N iN31MH0'41-W s _ VENDING MACS T L o iiiL N � ie' I". tE F/ e•-o•ww O SiANL£55 STEEL � � �} .(� SRPS,I wLL GAO �� agn iJ C arrhifaef_90)e50�doo T ahsroN onrz JOB TITLE B.L. OEjV:A,/S' ARCIIITICT/'1C�J ULTIMATE CAR WASk " ExPR£5 ' CREATIVE DESIC S i r" I CAR wASt-i EXPRESS_ ARCHITECTS — ENGINEERING f 5A71 WARNER AVE N r NVNTINGTON BEACH, CA 1326 E. 213th ST, CARSON,CA 90745 i D PHONE.- 310-830-1379 wl_S � IS 11:41U 13 2009 Huntington Beach EXTERIOR F05H. " a LOUVERED LOUVEREe (�1 STUCCO; MISSION STUCCO. tt101 OfF-WHITE �' o O VENTS VENTS I ( 7 COAT PER 75O TROWEL FINISH O ® O ® a1-STUCCO MISSION STUCCO. nl3�j�95rON BEIGE � (� z Q 2 I 2 2 4 7 COAT PFR 7511 TROWEL FIN15Fl C' c W V� O O9-FOAM CORNICE OMEGA GLUE IC50 w ER 48% 909-5%-395L // •/ ("'xi / V \ \ \ REDICOAT COk'N T ICE MOLDING nRC075/II.SxIS.� WHITE PAIN I \�� \�� (0")COLOR COAT w/MISSION WHITE O4--POAM CORNICE, OMEGA GLUE ICSO n FR 4A9B, 909-54G-3B56, V Cy z LY I i ` ® (OPT)CO 4'x COLUMN EDGE MOLDING WNfTE PAINT S p W Q O (OPT)COLOR COAT W/Tt OR J WHITE \ \ \ (OPT) RASE PAINT, SCRATCH t COLOR COTE. vfN Nc nncw es INDVSTRIAL TRUC EXTERIOR COATININ G SYSTEM ( 1 L O �COUNTRr LEDGESTONE°NONE7'WALL VENEER °n J CULTURED STONE PRODUCT, INC, LA aRR731a5 ` ti M Q W ® SIGNS BY OTHER ON TO BE TE PERMIT CHANNEL LETTERwG TO BE USED s s s EST ELEV p Q z x wa q � � _ � O M 2 4 I 4 11 p / 4I E I T s SOUTH EL s 0- w N 5 v W 3 a<m LOUVER LOUVER !Y VENT 7), VENTS 8 � 2 2 2 3 w 'I Ztz / A m o � ` xe W Za9 3 s EAST ELEV Ln ��__ 'TITLE 3 3 E L f VA'r'!ON$ ^ SIGN ® _ U 2 I LOUVERED I I DRAWN �8 vENrs � / / 8. DENNIS CHECKED 4 O © I DATE s ENTRANCE 5 1.0-lq-oQ SCALE NORTH EL 5 B JO NO. SHEET A-3 '�a ® C FILE of the ZONING ADIVtINISTRATOR �J CITY OF HUNTINGTON BEACH 9 CALIFORNIA -- ---------------------------------- P.O. BOX I" CALIFORNIA 92648 (714)536-5271 NOTICE OF ACTION November 19, 2009 Thomas Hwang 616 Imperial, LLC 1050 E.Anaheim Street Long Beach, CA 90813 SUBJECT: CONDITIONAL USE PERMIT NO. 2009-012 (NEWLAND CARWASH) APPLICANT: Thomas Hwang, 616 Imperial, LLC REQUEST: To permit the construction of an approximately 2,336 sq. ft. express service carwash building and associated site improvements, on a 22,363 sq_ ft. vacant lot. PROPERTY OWNER: 616 Imperial, LLC, 1050 E_ Anaheim Street, Long Beach, CA 90813 LOCATION: 8471 Warner Avenue, 92647 (northwest comer of Warner Avenue and Newland Street) PROJECT PLANNER: Ethan Edwards DATE OF ACTION: November 18,2009 On Wednesday, November 18, 2009, the Huntington Beach Zoning Administrator took action on your application, and your application was conditionally approved_ Attached to this letter are the findings and conditions of approval. Please be advised that the Zoning Administrator reviews the conceptual plan as a basic request for entitlement of the use applied for and there may be additional requirements prior to commencement of the project. It is recommended that you immediately pursue completion of the conditions of approval and address all requirements of the Huntington Beach Zoning and Subdivision Ordinance in order to expedite the processing/completion of your total application_ The conceptual plan should not be construed as a precise plan, reflecting conformance to all Zoning and Subdivision Ordinance requirements. ATTACHMENT NO. -z, .o -549- Item 7. - Page 169 Under the provisions of the Huntington Beach Zoning and Subdivision Ordinance, the action taken by the Zoning Administrator becomes final at the expiration of the appeal period. A person desiring to appeal the decision shall file a written notice of appeal to the Secretary of the Planning Commission within ten (10) calendar days of the date of the Zoning Administrator's action_ The notice of appeal shall include the name and address of the appellant, the decision being appealed, and the grounds for the appeal_ Said appeal must be accompanied by a filing fee of Two Thousand Two Dollars ($2,002.00). in your case, the last day for filing an appeal and paying the filing fee is November 30, 2009, at 5:00 PM_ Provisions of the Huntington Beach Zoning and Subdivision Ordinance are such that any application becomes null and void one (1) year after final approval, unless actual construction has begun. Excepting those actions commenced pursuant the California Environmental Quality Act, you are hereby notified that you have 90 days to protest the imposition of the fees described in this Notice of Action. if you fail to file a written protest regarding any of the fees contained in this Notice, you will be legally barred from later challenging such action pursuant to Government Code §66020. If you have any questions regarding this Notice of Action letter or the processing of your application, please contact Ethan Edwards, the project planner, at (714) 536-5561or via email at Ethan.Edwards@surfcity-hb.org or the Planning Department Zoning Counter at (714)536-5271. Sincerely, Ricky Ramos Zoning Administrator RR:EE:kdc Attachment c: Honorable Mayor and City Council Chair and Planning Commission Fred A.Wilson, City Administrator Scott Hess, Director of Planning William H_ Reardon, Division Chief/Fire Marshal Herb Fauland, Planning Manager Steve Bogart,Acting Principal Civil Engineer Gerald Caraig, Permit-Plan Check Manager Judy Demers Property Owner Project File ATTACHMENT NO. 3 I! Item 7. - Page 170 -550- , ATTACHMENT NO. 1 FINDINGS AND CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 2009-012 FINDINGS FOR PROJECTS EXEMPT FROM CEQA: The Zoning Administrator finds that the project will not have any significant effect on the environment and is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to section 15303 of the CEQA Guidelines, because the proposed project consists of the construction of a new commercial building with less than 10,000 square feet of floor area not involving significant amounts of hazardous substances on a site where public services and facilities are available and the surrounding area is not environmentally sensitive. FINDINGS FOR APPROVAL -CONDITIONAL USE PERMIT NO. 2009-012: 1. Conditional Use Permit No. 2009-012 to permit the redevelopment of a former gas station site with the construction of an approximately 2,336 sq. ft. express carwash building and associated site improvements will not be detrimental to the general welfare of persons working or residing in the vicinity or detrimental to the value of the property and improvements in the neighborhood. The project will not significantly impact adjoining residential properties located to the north and west of the site. The carwash building will be sited furthest away from residential uses at the southeast corner of the property. The residential uses to the west will be buffered from the carwash by an approximately 65 ft. separation consisting of a drive aisle, parking lot landscaping, 12 ft. high noise attenuating screen canopy, 10 ft. wide landscape planter, and a 6 ft_ high block wall. Residential uses to the north will be buffered from the carwash by a drive aisle and a 5 ft. setback with landscaping. A noise study was submitted indicating compliance with established noise level thresholds_ Noise will be attenuated through operational requirements and onsite improvements which include limited operating hours, a perimeter block wall and appropriate building orientation. Additionally, noise emitting mechanical equipment will be enclosed within the building and oriented away from residential properties. Furthermore, the use will be subject to compliance with the City of Huntington Beach Noise Ordinance (Chapter 8.40 Noise Control) and based upon the conditions imposed, potential noise impacts will be mitigated. Lighting will be designed to be directed onto the project site without any spillage onto adjacent properties_ The project is on a site of a former auto-related use; consequently no significant traffic impacts are anticipated_ ' The project will provide adequate on-site parking and will not present unsafe conditions for pedestrians or vehicular circulation. 2_ The conditional use permit will be compatible with surrounding developments because the carwash building will be located on commercially zoned property, formerly occupied by a gas station, in an area containing similar auto-related land uses_ The building's architecture is consistent with the surrounding neighborhood by providing appropriate scale through a single story design and appropriate proportion and character through variable fagade offsets and harmonious colors and materials. G:ZAIZAI.TRS1091CUP 2009-012.doc Attachment= ATTACHMFNT NO- .2 _551_ Item 7. - Page 171 The proposed development, as conditioned, conforms to the design criteria as stipulated within the City's Urban Design Guidelines by siting the building at the street corner, accommodating anticipated circulation patterns between vehicles and pedestrians, improving the driveways to current standards, and minimizing the visibility of mechanical equipment within the carwash tunnel openings. 3. The development will comply with the provisions of the base district and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance, including minimum building setbacks, minimum on-site parking and minimum onsite landscaping, maximum building height and maximum floor area ratio. The proposed car wash use is permitted within the CG (General Commercial) zoning district with approval of a conditional use permit. 4. The granting of the conditional use permit will not adversely affect the General Plan. it is consistent with the Land Use Element designation CG-F1 (General Commercial —0.35 maximum floor area ratio) on the subject property. In addition, it is consistent with the following goals, objectives and policies of the General Plan: Land Use Element Objective - LU 10.1: Provide for the continuation of existing and the development of a diversity of retail and service commercial uses that are oriented to the needs of local residents. Policy - LU 10.1.4: Require that commercial buildings and sites be designed to achieve a high level of architectural and site layout quality. Policy - LU 10.1.6: Require that commercial projects abutting residential properties adequately protect the residential use from the excessive or incompatible impacts of noise, light, vehicular traffic, visual character, and operational hazards. Policy - LU 10.1.12: Require that commercial uses be designed and developed to achieve a high level of quality, distinctive character, and compatibility with existing uses and development including consideration of: a. Incorporation of site landscape, particularly along street frontages and in parking lots; d. Siting of building to the street frontage to convey a visual relationship to the street and sidewalks; e. Architectural treatment of buildings to minimize visual bulk and mass, using techniques such as the modulation of building volumes and articulation of all elevations_ The project is a redevelopment of a former gas station site with a new express carwash facility. The proposed use will redevelop a currently vacant site with a facility that caters to the needs of local residents. The project will not significantly impact the adjoining residential property to the north and west of the site. The carwash building will be sited furthest away from residential uses. The residential uses to the west will be buffered from the carwash by an approximately 65 ft_ separation consisting of a drive aisle, parking lot landscaping, 12 ft_ high noise attenuating screen canopy, 10 ft_ wide landscape planter, and a 6 ft. high block wall. G_ZAIZALTRSW91CUP 2009-012.doc Attachment'! ATTACHMENT N0. Item 7. - Page 172 -552- Residential uses to the north will be buffered from the carwash by a drive aisle and a 5 ft. setback with landscaping_ The mechanical equipment associated with the carwash will be located inside the building; in addition, the building is oriented so that the carwash tunnel openings do not directly face adjacent residential uses. Lighting will be designed to be directed onto the project site without any spillage on to adjacent properties. Urban Design Element Objective - UD 1.1. Identify and reinforce a distinctive architectural and environmental image for each district in Huntington Beach. Policy - UD 1.2.1.E. Enhance the connections, where feasible between the public sidewalk and private commercial interior open spaces as described by the Land Use Element by using decorative paving materials. The proposed design of the carwash building will incorporate distinctive architecture which includes variations to the roof height and form, insets and offsets in the building fagade to create enhanced visual relief and break up of building mass, and variations in exterior building treatments. The project will incorporate a connection from the public sidewalk on Warner Avenue and Newland Street by providing clear and identifiable access to the carwash building_ Noise Element Objective - N 1.4: Minimize noise spillover or encroachment from commercial and industrial land uses into adjoining residential neighborhoods or "noise-sensitive" uses_ Objective - N 1.4.3: Require that the parking areas of all commercial and industrial land uses, which abut residential areas, to be buffered and shielded by walls, fences, or adequate landscaping. A noise study prepared by Giroux & Associates on November 6, 2009 identifies that project noise levels will not cumulatively contribute to an increase in levels above established thresholds.* Noise will be attenuated through operational requirements and onsite improvements which include limiting the hours of operation, and providing for a perimeter block wall and appropriate building orientation_ Additionally, noise emitting mechanical equipment will be enclosed within the building and oriented away from residential properties. CONDITIONS OF APPROVAL -CONDITIONAL USE PERMIT NO. 2009-012: 1. The site plan, floor plans, and elevations received and dated September 9, 2009 shall be the conceptually approved design with the following modifications.. a. Landscaped setbacks along both street frontages shall incorporate mounding, shrubbery and vertical elements to enhance the aesthetics of the site and provide for additional screening at the openings to the carwash tunnel and interior mechanical equipment. GZA\ZALTRS\09\Ct1P 2009-012.doc Attachment 15- ATTACHMF_Kt i R,1#"% i r -553- Item 7. - Page 173 b. The Recovery and Collection Hydro-Carbons area located at the northwest corner of the site shall provide screening to match the adjacent trash enclosure. All screening enclosures shall be compatible and provide materials found in the carwash building_ 2. Prior to submittal for building permits, one set of project plans revised pursuant to Condition of Approval No. 1, shall be submitted for review, approval and inclusion in the entitlement file, to the Planning Department_ 3. Prior to building permit final, all existing overhead utilities located along the Newland Street and Warner Avenue frontage shall be undergrounded. This shall include all utilities, including but not limited to telephone, electric, and Cable TV lines. If required, easements shall be quitclaimed and/or granted to the corresponding utility companies. (PW) 4. The use shall comply with the following: a. The car wash facility shall not be operational from 8 p.m. to 7 a.m. b. The car wash dryer units shall be equipped with a silencer. c. Paging and music system speakers located or being activated outside of the building shall be prohibited. d. Customers shall be cautioned against the creation of unacceptably loud noise during waiting and within the vacuum/wipe off areas by signage posted near this area. Customer noise clearly audible beyond the property line (5 dB or more above ambient) shall be eliminated immediately by staff intervention- 5- Incorporating sustainable or "green" building practices into the design of the proposed structures and associated site improvements is highly encouraged. Sustainable building practices may include (but are not limited to) those recommended by the U.S_ Green Building Council's Leadership in Energy and Environmental Design (LEED) Program certification (http://www.usgbc.orq/DisplayPage.aspx?CategorylD=19) or Build It Green's Green Building Guidelines and Rating Systems (http://www.builditgreen.org/index.cfm?fuseaction=guidelines}. INDEMNIFICATION AND HOLD HARMLESS CONDITION: The owner of the property which is the subject of this project and the project applicant if different from the property owner, and each of their heirs, successors and assigns, shall defend, indemnify and hold harmless the City of Huntington Beach and its agents, officers, and employees from any claim, action or proceedings, liability cost, including attorney's fees and costs against the City or its agents, officers or employees, to attack, set aside, void or annul any approval of the City, including but not limited to any approval granted by the City Council, Planning Commission, or Design Review Board concerning this project_ The City shall promptly notify the applicant of any claim, action or proceeding and should cooperate fully in the defense thereof. G:ZA\ZALTRS\091CUP 2009-012.doc Attachment AV ATTACHMENT fit?. 3 .s Item 7. - Page 174 -554- �^ ch November 30, 2009untingtan pp7. ANN��G Mr. Scott Hess, Secretary Huntington Beach Planning Commission 2000 Main Street, Huntington Beach, CA 92648 Re: Conditional Use Permit No. 9002-012 (Newland Carwash). Notice of Appeal Name and address of appellant: Larry Kennepohl 3423 Starline Drive Rancho Palos Verdes, CA 90275 Decision being appealed: Notice of Action, dated November 19, 2009, granting approval for the construction of the Newland Carwash. Reason(s) for appeal: 1. The Colorado River basin watershed has experienced drought conditions for seven of the last eight years, and Northern California runoff has been below average for the last three years. In addition to the dry conditions impacting the entire state of California, a court imposed restriction has been implemented to reduce water deliveries from the Sacramento-San Joaquin River Delta to protect the Delta smelt. Climate changes are already affecting precipitation and runoff patterns which increases the uncertainty for water supply and quality, flood management and eco system functions. Extreme climatic events will become more frequent, necessitating improvements for both flood protection and drought preparedness! ATTACHMENT NO. H -555- Item 7. a Page 175 The proposed carwash does not make use of available water recycling technology that would cut the potential water use in half. The addition of another carwash with heavy water use will increase the drought problem. 2. The noise study is flawed. 3. An Express Car Wash offers Free Vacuums to its customers. The proposed site plan provides these Free vacuums in EVERY parking space, including employee parking spaces. This will encourage the carwash owner to require his employees to park off site on residential streets so that more vacuums are available for customers. 4. Carwash tunnel is too long and does not allow sufficient space for vehicles to properly enter and exit the tunnel. 5. The site is too small for the projected business. Sincenrr rely, K� ennepohl Item 7. - Page 176 -556- PEHUNTINGTON BEACH BUILDING DEPARTMENT HltN71NCTON BEACH PROJECT IMPLEMENTATION CODE REQUIREMENTS DATE: AUGUST 5, 2009 PROJECT NAME: WARNER CARWASH PLANNING APPLICATION NO. PLANNING APPLICATION NO. 2009-174 ENTITLEMENTS: CONDITIONAL USE PERMIT NO. 2009-012 DATE OF PLANS: JULY 1, 2009 PROJECT LOCATION: 8471 WARNER AVENUE (NORTHWEST CORNER OF WARNER AVENUE AND NEWLAND STREET) PLAN REVIEWER: ERIC HAGHANI, PLAN CHECK ENGINEER TELEPHONE/E-MAIL: (714) 374-1589/Ehaghani@surfcity-hb.org PROJECT DESCRIPTION: TO PERMIT AN APPROXIMATELY 2,200 SQ FT DRIVE THROUGH CARWASH FACILITY ON A VACANT LOT The following is a list of code requirements deemed applicable to the proposed project based on plans stated above. The list is intended to assist the applicant by identifying requirements which must be satisfied during the various stages of project permitting and implementation. Electrical, plumbing, and mechanical items are not included in this review. If you have any questions regarding these comments, please contact the plan reviewer. Compliance is required prior to building permit issuance and all applicable items must meet the Huntington Beach Municipal Code (HBMC) and the California Code of Regulations (CCR or Title 24). 1. SPECIAL CONDITIONS: 1. None If. CODE ISSUES BASED ON PLANS/DRAWINGS SUBMITTED: GENERAL: 1. The codes in effect are the: 2007 California Building Code ('07 CBC), 2007 California Plumbing Code ('07 CPC), 2007 California Mechanical Code ('07 CMC), 2007 California Electrical Code ('07 CEC) and 2007 California Energy Efficiency Standards as adopted by the City. 2. Plans require to be designed by a licensed architect/engineer- ATTACHMENT (-)_ s.o -557- Item 7. - Page 177 S Page 2 of 2 3_ A soils report is required for this project and the recommendation portions of the report shall be attached to the plans. 4. Electrical/Plumbing/Mechanical plans are under separate submittal and review.. 5. Show Edison transformer location (if required) and show all required setbacks. 6. The main electrical meter requires direct access by the utility company. For more information, contact SCE at 714-895-0246. 7. Clarifiers are required and shall be shown on the plans. ATTACHMENT NO. S -!- Item 7. - Page 178 -558- FO a CITY OF HUNTINGTON BEACH PUBLIC WORKS INTERDEPARTMENTAL COMMUNICATION ' PROJECT IMPLEMENTATION CODE REQUIREMENTS i i DATE: AUGUST 5,2009 PROJECT NAME: ULTIMATE CAR WASH EXPRESS t ENTITLEMENTS: CUP 09-12 PLNG APPLICATION NO: 2009-0174 I DATE OF PLANS: JULY 1,2009 PROJECT LOCATION: 8471 WARNER AVENUE { i PROJECT PLANNER: ETHAN EDWARDS,ASSOCIATE PLANNER TELEPHONE/E-MAIL: (714)536-5561 /ETHAN.EDWARDSASURFCITY-HB.ORG PLAN REVIEWER: BOB MILANI, SENIOR CIVIL ENGINEER TELEPHONE/E-MAIL: 714-374-1735/BOB.MILANI(cr7SURFCITY-HB.ORG PROJECT DESCRIPTION: REQUEST TO DEVELOP A VACANT PARCEL WITH A DRIVE THROUGH CAR WASH. f 4 i The following is a list of code requirements deemed applicable to the proposed project based on plans as stated above. The items below are to meet the City of Huntington Beach's Municipal Code (HBMC), Zoning and Subdivision Ordinance (ZSO), Department of Public Works Standard Plans (Civil, Water and Landscaping) and the American Public Works Association (APWA) Standards Specifications for Public Works Construction (Green Book), the Orange County Drainage Area management Plan (DAMP), and the City Arboricultural and Landscape Standards and Specifications. The list is intended to assist the applicant by identifying requirements which shall be satisfied during the various stages of project permitting, implementation and construction. If you have any questions regarding these requirements, please contact the Plan Reviewer or Project Planner. i THE FOLLOWING DEVELOPMENT REQUIREMENTS SHALL BE COMPLETED PRIOR TO ISSUANCE OF A GRADING PERMIT: i 1. A Precise Grading Plan, prepared by a Licensed Civil Engineer, shall be submitted to the Public Works Department for review and approval. (MC 17.05/ZSO 230.84) The plans �. shall comply with Public Works plan preparation guidelines and include the following improvements on the plan: a. The existing westerly driveway approach on Warner Avenue and the existing . northerly driveway approach on Newland Street shall be removed and replaced ! with an ADA compliant driveway approach per Public Works Standard Plan No. 211 and shall be constructed with a 2-foot clearance from the top of "x" to the property line. (ZSO 230.84) ATTACHMENT NO. -559- Item 70 - Page 179 Page 2 of 6 b. The existing easterly driveway approach on Warner Avenue and the existing southerly driveway approach on Newland Street shall be removed and replaced With curb, gutter, and sidewalk per Public Works Standard Plan Nos. 202 and 207. (ZSO 230.84) C. install one (1) street light on the Warner Avenue frontage per Public Works Department standards. (ZSO 230.84) d_ Install an ADA compliant access ramp on the northwest comer of Warner Avenue and Newland Street per Caltrans Standard Plan A88A. (ZSO 230.84, ADA) e. A new sewer lateral shall be installed connecting to the main in the street. If the new sewer lateral is not constructed at the same location as the existing lateral, then the existing lateral shall be severed and capped at the main or chimney. (ZSO 230.84) f. A new domestic water service and meter shall be installed per Water Division Standards, and sized to meet the minimum requirements set by the California Plumbing Code (CPC) if residential add: and Uniform Fire Code (UFC)_ The domestic water service shall be a minimum of 2-inches in size. (MC 14.08.020) g. A separate irrigation water service and meter shall be installed per Water Division Standards. The water service shall be a minimum of 1-inch in size. (ZSO 232) h. A separate backflow protection device shall be installed per Water Division Standards for domestic, irrigation, and fire water services. (Resolution 5921 and Title 17) 2. A Landscape and Irrigation Plan, prepared by a Licensed Landscape Architect shall be submitted to the Public Works Department for review and approval by the Public Works and Planning Departments_ (ZSO 232.04) a. Existing mature trees that are to be removed must be replaced at a 2 for 1 ratio with a 36" box tree or palm equivalent (13'-14' of trunk height for Queen Palms and 8'-9'of brown trunk). b. "Smart irrigation controllers" and/or other innovative means to reduce the quantity of runoff shall be installed. (ZSO 232.04D) C. Standard landscape code requirements apply. (ZSO 232) 3. Al! landscape planting, irrigation and maintenance shall comply with the City Arboricultural and Landscape Standards and Specifications. (ZSO 232.04B) 4. Landscaping plans should utilize native, drought-tolerant landscape materials where appropriate and feasible. (DAMP) i 5. A Consulting Arborist (approved by the City Landscape Architect) shall review the final landscape tree-planting plan and approve in writing the selection and locations proposed for new trees. Said Arborist signature shall be incorporated onto the Landscape j Architects plans and shall include the Arborist's name, certificate number and the Arborist's wet signature on the final plan. (Resolution 4545) 6. A Project Water Quality Management Plan (WQMP)conforming to the City of Huntington Beach's Project WQMP Preparation Guidance Manual dated June 2006 and prepared f 1 ATTACHMENT NO. Item7a - Page 180 -560- _ �.3 i i Page 3 of 6 i by a Licensed Civil Engineer, shall be submitted to the Department of Public Works for review and acceptance and shall include the following: a. Discusses regional or watershed programs(if applicable). b. Addresses Site Design BMPs (as applicable) such as minimizing impervious areas,maximizing permeability, minimizing directly connected impervious areas, creating reduced or"zero discharge"areas,and conserving natural areas. C. Incorporates the applicable Routine Source Control BMPs as defined in the Drainage Area Management Plan. (DAMP) i d. Incorporates Treatment Control BMPs as defined in the DAMP. i e. Generally describes the long-term operation and maintenance requirements for the Treatment Control BMPs. f. Identifies the entity that will be responsible for long-term operation and maintenance of the Treatment Control BMPs. j g. Describes the mechanism for funding the long-term operation and maintenance of the Treatment Control BMPs. h. Includes an Operations and Maintenance(O&M) Plan for all structural BMPs_ L After incorporating plan check comments of Public Works, three final WQMPs (signed by the owner and the Registered Civil Engineer of record) shalt be submitted to Public Works for acceptance. After acceptance, two copies of the final report shall be returned to applicant for the production of a single complete i electronic copy of the accepted version of the WQMP on CD media that includes: i) The 11" by 17"Site Plan in .TIFF format(400 by 400 dpi minimum). I ii) The remainder of the complete WQMP in _PDF format including the signed and stamped title sheet, owner's certification sheet, Inspection/Maintenance Responsibility sheet, appendices, attachments { and all educational material. j. The applicant shall return one CD media to Public Works for the project record i file. 7. Indicate the type and location of Water Quality Treatment Control Best Management Practices (BMPs) on the Grading Plan consistent with the Project WQMP. The WQMP shall follow the City of Huntington Beach; Project Water Quality Management Plan Preparation Guidance Manual dated June 2006. The WQMP shall be submitted with the first submittal of the Grading Plan. 8. A suitable location, as approved by the City, shall be depicted on the grading plan for the I necessary trash enclosure(s). The area shall be paved with an impervious surface, designed not to allow run-on from adjoining areas, designed to divert drainage from I adjoining roofs and pavements diverted around the area, and screened or walled to prevent off-site transport of trash. The trash enclosure area shall be covered or roofed with a.solid, impervious material. Connection of trash area drains into the storm drain system is prohibited. If feasible, the trash enclosure area shall be connected into the sanitary sewer. (DAMP) -ATTACHMENT NO,5 .9 -561. Item 7. - Page 181 - i f r t Page 4 of 6 } i 9. A detailed soils and geologicaUseismic analysis shall be prepared by a registered j engineer. This analysis shall include on-site soil sampling and laboratory testing of materials to provide detailed recommendations for grading, over excavation, engineered I fill, dewatering, settlement, protection of adjacent structures, chemical and fill properties, ` liquefaction,retaining walls, streets, and utilities. (MC 17.05.150) 10. If soil remediation is required, a remediation plan shall be submitted to the Planning, Public Works and Fire Departments for review and approval in accordance with City Specifications No. 431-92 and the conditions of approval. The plan shall include methods to minimize remediation-related impacts on the surrounding properties; details on how all drainage associated with the remediation efforts shall be retained on site and i no wastes or pollutants shall escape the site; and shall also identify wind barriers around remediation equipment. (MC 17.05.150/FD Spec.431-92) 11. The applicant's grading/erosion control plan shall abide by the provisions of AQMD's ; Rule 403 as related to fugitive dust control. (AQMD Rule 403) 12. The name and phone number of an on-site field supervisor hired by the developer shall be submitted to the Planning and Public Works Departments. In addition, clearly visible signs shall be posted on the perimeter of the site every 250 feet indicating who shall be contacted for information regarding this development and any construction/grading- related concerns. This contact person shall be available immediately to address any concerns or issues raised by adjacent property owners during the construction activity. He/She will be responsible for ensuring compriance with the conditions herein, specifically, grading activities, truck routes, construction hours, noise, etc. Signs shall include the applicant's contact number, regarding grading and construction activities, and "I-800-CUTSMOG" in the event there are concerns regarding fugitive dust and compliance with AQMD Rule No. 403. 13. The applicant shall notify all property owners and tenants within 300 feet of the perimeter of the property of a tentative grading schedule at least 30 days prior to such grading_ i THE FOLLOWING DEVELOPMENT REQUIREMENTS SHALL BE COMPLIED WITH DURING GRADING OPERATIONS: 1. An Encroachment Permit is required for all work within the City's right-of-way. (MC 12.38.0101MC 14.36.030) 2. The developer shall coordinate the development of a truck haul route with the Department of Public Works if the import or export of material in excess of 5000 cubic yards is required. This plan shall include the approximate number of truck trips and the proposed truck haul routes. It shall specify the hours in which transport activities can occur and methods to mitigate construction-related impacts to adjacent residents. ? These plans must be submitted for approval to the Department of Public Works. (MC 1 17.05.210) 3. Water trucks will be utilized on the site and shall be available to be used throughout the day during site grading to keep the soil damp enough to prevent.dust being raised by the operations. (California Stormwater BMP Handbook, Construction Wind Erosion WEA) 4. All haul trucks shall arrive at the site no earlier than 8:00 a.m. or leave the site no later than 5:00 p.m., and shall be limited to Monday through Friday only. (MC 17.05) ATTACHMENT Nth._ 5.5 Item 7. - Page 182 -562- 1 i 4 Page 5 of 6 i i 5. Wet down the areas that are to be graded or that is being graded, in the late morning and after work is completed for the day. (WE-1/MC 17.05) 6. The construction disturbance area shall be kept as small as possible. (California Stormwater BMP Handbook, Construction Erosion Control EC-1)(DAMP) ' 7- All haul trucks shall be covered or have water applied to the exposed surface prior to f leaving the site to prevent dust from impacting the surrounding areas. (DAMP) 8. Prior to leaving the site, all haul trucks shall be washed off on-site on a gravel surface to prevent dirt and dust from leaving the site and impacting public streets. (DAMP) t 9. Comply with appropriate sections of AQMD Rule 403, particularly to minimize fugitive dust and noise to surrounding areas. (AQMD Rule 403) 10. Wind barriers shall be installed along the perimeter of the site. (DAMP) 11. Remediation operations, if required, shall be performed in stages concentrating in single areas at a time to minimize the impact of fugitive dust and noise on the surrounding areas. 12. All construction materials, wastes, grading or demolition debris and stockpiles of soils, aggregates, soil amendments, etc. shall be properly covered, stored and secured to prevent transport into surface or ground waters by wind, rain, tracking, tidal erosion or dispersion. (DAMP) THE FOLLOWING DEVELOPMENT REQUIREMENTS SHALL BE COMPLETED PRIOR TO ISSUANCE OF A BUILDING PERMIT: 1. A Precise Grading Permit shall be issued. (MC 17.05) 2. Traffic impact fees for commercial development shall be paid at the rate applicable at the time of Building Permit issuance. The current rate of$163 per net new added daily trip is adjusted annually. This project is forecast to generate 187 new daily trips for a total l traffic impact fee of $30,481.00. The rate is subject to an annual adjustment on December 1st. (MC 17.65) 3. A drainage fee for the subject development shall be paid at the rate applicable at the time of Building Permit issuance. The current rate of$13,270 per gross acre is subject to periodic adjustments. This project consists of 0.926 gross acres (including its tributary area portions along the half street frontages)for a total required drainage fee of$12,288.02. City records indicate the previous use on this property never paid this required fee. Per provisions of the City Municipal Code, this one time fee shall be paid for all subdivisions or development of land. (MC 14.48) THE FOLLOWING DEVELOPMENT REQUIREMENTS SHALL BE COMPLETED PRIOR TO FINAL INSPECTION OR OCCUPANCY: t 1. Complete all improvements as shown on the approved grading, and landscape and s improvement plans. (MC 17.05) 2. All new utilities shall be undergrounded. (MC 17.64) E e 3. All applicable Public Works fees shall be paid at the current rate unless otherwise stated, ' per the Public Works Fee Schedule adopted by the City Council and available on the city web site at http://www.surfcity-hb.orq/files/users/public works/fee schedule.pdf- (ZSO s 240.06/ZSO 250.16) ATTACHMENT N ._ 9-6 � -563- Item 7. - Page 183 i z t i Page 6 of 6 E 4. The current tree code requirements shall apply to this site. (ZSO 232) a. Existing trees to remain on site shall not be disfigured or mutilated, (ZSO 232.04E)and, b. General tree requirements, regarding quantities and sizes. (ZSO 232.08B and C) i } 5. All landscape irrigation and planting installation shalt be certified to be in conformance to the City approved landscape plans by the Landscape Architect of record in written form to the City Landscape Architect_ (ZSO 232.04D) 6. Applicant shall provide City with CD media TIFF images (in City format) and CD (AutoCAD only) copy of complete City Approved landscape construction drawings as I stamped "Permanent File Copy" prior to starting landscape work. Copies shall be given to the City Landscape Architect for permanent City record. 7. The Water Ordinance#14.52,the"Water Efficient Landscape Requirements"apply for ! projects with 2500 square feet of landscaping and larger. (MC 14.52) 8. Prior to grading or building permit close-out and/or the issuance of a certificate of use or a certificate of occupancy, the applicant shall: a. Demonstrate that all structural Best Management Practices (BMPs)described in { the Project WQMP have been constructed and installed in conformance with approved plans and specifications. b. Demonstrate all drainage courses, pipes, gutters, basins, etc. are clean and properly constructed. i C. Demonstrate that applicant is prepared to implement all non-structural BMPs described in the Project WQMP. d. Demonstrate that an adequate number of copies of the approved Project WQMP are available for the future occupiers. F i I E 'E 1 S f ATTACHMENT NO..s � Item 7. - Page 164 -564- F i CITY OF HUNTINGTON BEACH PUBLIC WORKS INTERDEPARTMENTAL COMMUNICATION E t i SUGGESTED CONDITIONS of APPROVAL , 1 DATE: AUGUST 5,2009 i 1 PROJECT NAME: ULTIMATE CAR WASH EXPRESS { ENTITLEMENTS: CUP 09-12 PLNG APPLICATION NO: 2009-0174 DATE OF PLANS: JULY 1, 2009 PROJECT LOCATION: 8471 WARNER AVENUE PROJECT PLANNER: ETHAN EDWARDS,ASSOCIATE PLANNER TELEPHONE/E-MAIL: (714)536-5561 /ETHAN.EDWARDS@SURFCITY-HB.ORG f PLAN REVIEWER: BOB MILANI, SENIOR CIVIL ENGINEER '���' t TELEPHONE/E-MAIL: 714-374-17351 BOB.MILANI(cDSURFCITY-HB.ORG PROJECT DESCRIPTION: REQUEST TO DEVELOP A VACANT PARCEL WITH A DRIVE THROUGH CAR WASH. THE FOLLOWING DEVELOPMENT REQUIREMENTS SHALL BE COMPLETED PRIOR TO FINAL INSPECTION OR OCCUPANCY: 1. All existing overhead utilities that occur along the project's Newland Street frontage and Warner Avenue frontage shall be under-grounded. This condition applies to all utilities, including but not limited to all telephone, electric, and Cable TV lines. If required, easements shall be quitclaimed and/or new easements granted to the corresponding utility companies. 1 i E T I 7 EC (I E GAEngineering Division\DEVELOPMEN"Conditions 2009\Wamer 8471-Ultimate Car Wash\August N CUP 2009-12 Conditions(BSM 8-5-09).doc _ F -565- Item 7. - Page 185 • JJ CITY OF HUNTINGTON BEACH PLANNING DEPARTMENT HUNTINGTON BEACH PROJECT IMPLEMENTATION CODE REQUIREMENTS DATE: AUGUST 5, 2009 PROJECT: 2200 SQ. FT. DRIVE THROUGH CARWASH FACILITY PROJECT LOCATION: 8471 WARNER AVENUE REQUESTS: TO PERMIT AN APPROXIMATELY 2200 SQ. FT. DRIVE THROUGH CARWASH FACILITY ON A VACANT LOT. PROJECT PLANNER: ETHAN EDWARDS PLAN REVIEWER: JAN THOMAS TELEPHONE/E-MAIL: (949) 348-8186 JCKTHOMASCaO.COX.NET The following is a list of code requirements deemed applicable to the proposed project based on plans received. The list is intended to assist the applicant by identifying requirements which must be satisfied during the various stages of project permitting and implementation. A list of conditions of approval adopted by the Zoning Administrator in conjunction with the requested entitlement(s), if any, will also be provided should the project be approved. If you have any questions regarding these requirements, please contact the Plan Reviewer. Cashier: The cashier is in a location that does not allow much visibility into the vacuum parking area. The activity in this area therefore appears to be unmonitored. is it possible to change the location of the cashier or possibly to adjust the cashier building to allow for more windows/visibility onto the vacuum area? This would have a positive effect on maintaining control over the activities on the property. Cameras: Recommend installing 2417 surveillance cameras with signs stating such. The signs and cameras may prevent vandalism and other crimes as well as record and document crimes in progress. Recommend posting signs in vulnerable locations such as by the vending machines as well. Driveways: Each of the two driveways shall have enhanced paving treatments. The enhanced paving helps to distinguish the carwash property from the public street. Pavement treatments also make it easier to find the property quickly for motorists on Warner and Newland. Since each driveway is designated either an entrance or an exit, each driveway shall be clearly marked so there is no confusion. Motorists who spot a well defined property are less likely to slow down on the street before entering the property. ATTACHMENT . s .ci - Item 7. - Page 186 -566- HUNTINGTON BEACH FIRE DEPARTMENT PROJECT IMPLEMENTATION CODE REQUIREMENTS HUNTINGTON BEACH DATE: JULY 29, 2009 PROJECT NAME: ULTIMATE CAR WASH EXPRESS ENTITLEMENTS: PLANNING APPLICATION NO. 2009-016 PROJECT LOCATION: 8471 WARNER AVENUE, HUNTINGTON BEACH, CA PLANNER: ETHAN EDWARDS, ASSOCIATE PLANNER TELEPHONE/E-MAIL: (714) 536-5561/ Ethan.Edwards@surfcity-hb.org PLAN REVIEWER-FIRE: DARIN MARESH, FIRE DEVELOPMENT SPECIALIST TELEPHONE/E-MAIL: (714) 536-5531/dmaresh@surfcity-hb.org PROJECT DESCRIPTION: TO PERMIT AN APPROXIMATELY 2,200 SQ.FT. DRIVE THROUGH CAR WAS FACILITY ON A VACANT LOT. The following is a list of code requirements deemed applicable to the proposed project based on plans received and dated January 12, 2008. The list is intended to assist the applicant by identifying requirements which must be satisfied during the various stages of project permitting and implementation. A list of conditions of approval adopted by the Planning Commission in conjunction with the requested entitlement(s), if any, will also be provided upon final project approval. If you have any questions regarding these requirements, please contact the Plan Reviewer- Fire: DARIN MARESH, FIRE DEVELOPMENT SPECIALIST. THE FOLLOWING CONDITIONS SHALL BE COMPLETED PRIOR TO ISSUANCE OF A BUILDING PERMIT: Environmental -CURRENT or FORMER GAS STATION OR UST SITE (Underground Storage Tanks) CURRENT or FORMER GAS STATION OR UST SITE(Underground Storage Tanks) Based on site characteristics, suspected soil contamination, hydraulic hoists, or proximity to former gas station, or underground storage tanks, the following is required: "Soil Testing". • A soil testing plan conforming to City Specification #439-92 Soil Clean-Up Standards shall be submitted and approved by the Fire Department. • All soils shall conform to City Specification #439-92 Soil Clean-Up Standards, and testing results must be submitted, and approved by the Fire Department prior to issuance of a grading or building permit. ATTACHMENT NO.__5_.l0 -567- Item 7. - Page 187 Page 2 of 5 • Reference that all soils shall be in compliance with City Specification 9431-92 Soil Clean-Up Standards in the plan notes. (FD) "Remediation Action Plan" If contamination is identified, provide a Fire Department approved Remediation Action Plan (RAP) based on requirements found in Huntington Beach City Specification #431-92, Soil Cleanup Standard. Upon remediation action plan approval, a rough grading permit may be issued. (FD) Proof of OCHCA Site Closure or Corrective Action Plan. Removal of flammable or combustible liquid underground storage tanks (UST) requires the applicant to submit one of the following to the Huntington Beach Fire Department: • An approved Orange County Health Care Agency UST Site Closure Letter, or • Provide an Orange County Health Care Agency UST Corrective Action Plan and written permission for co-existence. If OCHCA requires on-going remediation and co-existence with the proposed development is permissible, a copy of the approved Orange County Health Care Agency plan and written permission for co-existence must be submitted in order to obtain Huntington Beach Fire Department approval. Each site will be evaluated on an individual basis. Prior to building construction, all soils shall conform to City Specification #431-92 Soil Clean-Up Standards, and testing results must be submitted, and approved by the Fire Department prior to issuance of a grading permit. (FD) Proof of South Coast Regional Water Quality Control Board Site Closure or Corrective Action Plan. Removal of flammable or combustible liquid underground storage tanks (UST) requires the applicant to submit one of the following to the Huntington Beach Fire Department: • An approved South Coast Regional Water Quality Control Board UST Site Closure Letter, or • Provide a South Coast Regional Water Quality Control Board UST Corrective Action Plan and written permission for co-existence. If SCRWQCB requires on-going remediation and co-existence with the proposed development is permissible, a copy of the approved SCRWQCB plan and written permission for co-existence must be submitted in order to obtain Huntington Beach Fire Department approval. Each site will be evaluated on an individual basis. California Regional Water Quality Control Board — Santa Ana Region Item 7. - Page ss -568- ATTACHMENT O._�.i Page 3 of 5 3737 Main Street, Suite 500 Riverside, CA 92501-3348 Phone: (951) 782-4497 FAX (951) 781-6288 (FD) Conformance to City Specifications DOES NOT relieve the developer's responsibility regarding other concerned agency notification and/or approval (South Coast Regional Water Quality Control Board, South Coast Air Quality Management District, Department of Toxic Substance Control, County of Orange Health Care Agency, etc.). Vapor Extraction Treatment Equipment and Areas as outlined in the Orange County Health Care Agency UST Corrective Action Plan shall conform to City Specification #431, Oil Field Gas Fired Appliances— Stationary and Portable, City Specification #434, Gas Station Remediation Requirements, and the Huntington Beach Oil Code and Building Codes. (FD) "Phase 1 Environmental Study" is required. Submit report to the Fire Department for review per City Specification #431-92 Soil Clean-Up Standards. Based on site characteristics, identified former uses, suspected soil contamination, proximity to a producing/abandoned oil well, or Phase 1,11, or III Site Audit, soil testing may be required. If contamination is identified, provide a Fire Department approved Remediation Action Plan (RAP) based on requirements found in Huntington Beach City Specification # 431-92, Soil Cleanup Standard. All soil must conform to City Specification #431-92 Soil Clean-Up Standards. (FD) Fire Apparatus Access Fire Access Road Turns and Corners shall be designed with a minimum inner radius of seventeen feet (17') and a minimum outer radius of forty five feet (45) per City Specification # 401 Minimum Standards for Fire Apparatus Access. For Fire Department approval, reference and demonstrate compliance with City Specification #401 Minimum Standards for Fire Apparatus Access on the plans. (FD) Secured Vehicle Entries shall utilize KNOX® activated access switches (Knox switches for automated gates, Knox padlocks for manual gates), and comply with City Specification #403, Fire Access for Pedestrian or Vehicular Security Gates & Buildings. Reference compliance in the plan notes. (FD) Secured Automated Vehicle Entry Gates (Residential) shall utilize a combination "Strobe- Activated Switch" and "Knox Manual Key Switch", and comply with City Specification # 403, Fire Access for Pedestrian or Vehicular Security Gates & Buildings. Reference compliance with City Specification # 403 Fire Access for Pedestrian or Vehicular Security Gates & Buildings in the plan notes. (FD) ATTACHMENT NO, -569- Item 7. - Page 189 Page 4 of 5 Fire Protection Systems Fire Extinguishers shall be installed and located in all areas to comply with Huntington Beach Fire Code standards found in City Specification #424. The minimum required dry chemical fire extinguisher size is 2A 10BC and shall be installed within 75 feet travel distance to all portions of the building. Extinguishers are required to be serviced or replaced annually. (FD) Fire Personnel Access Main Secured Building Entries shall utilize a KNOX@ Fire Department Access Key Box, installed and in compliance with City Specification #403, Fire Access for Pedestrian or Vehicular Security Gates & Buildings. Please contact the Huntington Beach Fire Department Administrative Office at (714) 536-5411 for information. Reference compliance with City Specification #403 - KNOX® Fire Department Access in the building plan notes. (FD) GIS Mapping Information a. GIS Mapping Information shall be provided to the Fire Department in compliance with GIS Department CAD Submittal Guideline requirements. Minimum submittals shall include the following: ➢ Site plot plan showing the building footprint. ➢ Specify the type of use for the building ➢ Location of electrical, gas, water, sprinkler system shut-offs. ➢ Fire Sprinkler Connections (FDC) if any. ➢ Knox Access locations for doors, gates, and vehicle access. ➢ Street name and address. Final site plot plan shall be submitted in the following digital format and shall include the following: ➢ Submittal media shall be via CD rom to the Fire Department. ➢ Shall be in accordance with County of Orange Ordinance 3809. ➢ File format shall be in .shp, AutoCAD, AUTOCAD MAP (latest possible release ) drawing file - .DWG (preferred) or Drawing Interchange File - .DXF. ➢ Data should be in NAD83 State Plane, Zone 6, Feet Lambert Conformal Conic Projection. ➢ Separate drawing file for each individual sheet. In compliance with Huntington Beach Standard Sheets, drawing names, pen colors, and layering convention. and conform to City of Huntington Beach Specification #409 — Street Naming and Addressing. For specific GIS technical requirements, contact the Huntington Beach GIS Department at (714) 536-5574. ATTACHMENT NO. Item 7. - Page 190 -570- Page 5 of 5 For Fire Department approval, reference compliance with GIS Mapping Information in the building plan notes. (FD) THE FOLLOWING CONDITIONS SHALL BE MAINTAINED DURING CONSTRUCTION: a_ Fire/Emergency Access And Site Safety shall be maintained during project construction phases in compliance with HBFC Chapter 14, Fire Safety During Construction And Demolition. (FD) b_ Fire/Emergency Access And Site Safety shall be maintained during project construction phases in compliance with City Specification #426, Fire Safety Requirements for Construction Sites. (FD) OTHER: a. Discovery of additional soil contamination or underground pipelines, etc., must be reported to the Fire Department immediately and the approved work plan modified accordingly in compliance with City Specification#431-92 Soil Clean-Up Standards. (FD) b. Outside City Consultants The Fire Department review of this project and subsequent plans may require the use of City consultants. The Huntington Beach City Council approved fee schedule allows the Fire Department to recover consultant fees from the applicant, developer or other responsible party. (FD) Fire Department City Specifications may be obtained at: Huntington Beach Fire Department Administrative Office City Hall 2000 Main Street, 5th floor Huntington Beach, CA 92648 or through the City's website at www.surfcity-hb.org If you have any questions, please contact the Fire Prevention Division at (714) 536-5411. S:\Prevention\1-Development\i-Planning Department-Planning Applications,CUP's\2009 CUP's\Warner ave 8471 (ultimate car wash express) PA#2009-016 07-29-09 DM.doc ATTACHMENT NO, -571- Item 7e - Page 191 GeoTracker Page 1 of I LINK TO THIS MAP GEOTRACKER 2 ®Leaking Underground Tank (LUST)Cleanup Sites R ®Other Cleanup Sites ®Land Disposal Sites Q ❑MTitary Sites 0 ®Permitted Underground Storage Tank(UST) Facilities O Monitoring Wells 0 d DTSC Cleanup Sites 0 A DTSC Haz Waste Permit MAP SIZE 640x480 €fir OPTIONS 0 Site List-EXPORT TO EXCEL s4, 4 Sites I SHOW SITES WITHIN 1000 FEET OF THE FOLLOWING ADDRESS_ 8471 WARNER AVENUE.HUNTINGTON SEAC SITE LIST SITE NAME GLOBAL ID CLEANUP STATUS ADDRESS CITY SAAD SERVICE CENTER T0605901586 OPEN-SITE ASSESSMENT 8471 WARNER AVE HUNTINGTON BEACH TExACO T0605900320 OPEN-REMEDIATION 8520 WARNER FOUNTAIN VALLEY TEXACO OIL T0605963393 COMPLETED-CASE CLOSED 8520 WARNER FOUNTAIN VALLEY MAP AN ADDRESS: God ATTACHMENIT IO.--5 �s Item 7. --Page 192-acker.swrcb.ca.gov/map/ -572- 7/29/2009 GeoTracker Page 1 of 9 STATE DATER RESOURCES CONTROL BOARD G E:0 T R ponak -to;a- ME- Ks' SAAD SERVICE CENTER(TO605901586) -(MAP) 8471 WARNER AVE CLEANUP OVERSIGHT AGENCIES HUNTINGTON BEACH,CA 92647 SANTAANARWQCB(REGION 8)(LEAD)-CASEA 083002147T ORANGE COUNTY ORANGE NANCYOLSON-MARTIN COUNTY LOP-CASE#:92UT109 LUST CLEANUP SITE CUF Claim M 11350 CUF Amount Paid: $231,966 Regulatory Profile CLEANUP STATUS OPEN-SITE ASSESSMENT AS OF 11/20/2007 POTENTIAL CONTAMINANTS OF CONCERN POTENTIAL MEDIA AFFECTED GASOLINE OTHER GROUNDWATER(USES OTHER THAN DRINKING WATER) FILE LOCATION Site History No site history available Cleanup Status History DAB STATUS 11/20/2007 Open-Site Assessment 8/24/2007 Open-Site Assessment 3/30/2005 Open-Site Assessment 10/18/2004 Open-Site Assessment 9/17/2004 Open-Site Assessment 9/2/1992 Open-Case Begin Date 9/2/1992 Open-Site Assessment Regulatory Activities ACTION TYPE ACTION DATE ACTION RESPONSE-OTHER 6/30/2009 Seim-Report or Statement from Legal or Financial I Representative RESPONSE-OTHER 6/30/2009 Confirmation if Appeal for Priority Class B was Submitted to the Fund IVVIEWDOCO ENFORCEMENT/ORDERS 5/22/2009 Staff Letter RESPONSE-REPORTS *311512009 4th Quarter 2008 Groundwater Monitoring and Sampting Report RESPONSE-OTHER 12/2/2008 Verbal Communication ' I RESPONSE-REPORTS 11/30/2008 3rd Quarter 2008 Groundwater Monitoring and Sampling Report RESPONSE-REPORTS 11/17/2008 Documents Related to the Off-Site Access Agreements I RESPONSE-REPORTS `811/2009 Geoprobe Investigation Results RESPONSE-REPORTS '8/1/2009 Welt Installation Report for SVE Welts(VW1 through VW8) f RESPONSE-OTHER 10/24/2008 Status of Site(Representative of a Prospective Buyer) RESPONSE- WORKPLANS 10/3/2008 Addendum to the Workplan I MQM Docst ENFORCEMENT/ORDERS 10/1/2008 Staff Letter i 1 ENFORCEMENT/ORDERS 9/19/2008 Staff Letter RESPONSE-REPORTS 9/12/2008 Revised Plate 22(SVE Welt Locations) ATTACHMENT NO.�_5. 16 http://www.geotracker.swrcb.ca.gov/profile_repc-573 lobal_id=T0605901586 Item 7. - Page 193 MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room B-8-Civic Center 2000 Main Street Huntington Beach Califomia WEDNESDAY, SEPTEMBER 23, 2009- 1:30 P.M. ZONING ADMINISTRATOR: Ricky Ramos STAFF MEMBER: Ethan Edwards, Jill Arabe, Rami Talleh, Kimberly De Coite (recording secretary) MINUTES: NONE ORAL COMMUNICATION: NONE ITEM 1: CONDITIONAL USE PERMIT NO.2009-012(NEWLAND CARWASH) APPLICANT: Thomas Hwang, 616 Imperial, LLC PROPERTY OWNER: 616 Imperial, LLC, 1050 E. Anaheim Street, Long Beach, CA 90813 REQUEST: To permit the construction of an approximately 2,200 sq. ft. express service carwash building and associated site improvements, on a vacant 22,363 sq. ft. vacant lot. LOCATION: 8471 Warner Avenue, 92647 (northwest comer of Warner Avenue and Newland Street) PROJECT PLANNER: Ethan Edwards Ethan Edwards, Associate Planner, displayed project plans and photographs and stated the purpose, location, zoning, and existing use of the subject site. Staff presented an overview of the proposed project. Mr. Edwards stated that staff had received no formal public comments. Mr. Edwards recommended that the project be continued to the October 14, 2009, Zoning Administrator Meeting in order for the project to be reviewed by the Design Review Board prior to Zoning Administrator action. THE PUBLIC HEARING WAS OPENED. Thomas Hwang, applicant, indicated that he was in agreement with the recommendation for continuance. Paul Gray, resident, stated that he was concerned with traffic impacts. He indicated that the intersection of Warner Avenue and Newland Street currently has a high level of traffic and expressed concern that the addition of the proposed carwash would increase the risk of traffic incidents. He indicated that he did not see the need for another carwash in that area. G.*7-A 71AM1N1091)9rm0923.Doc 1 (Munom) ATTACHMENT N®. 6. Item 7. - Page 194 -574- Steve Park, resident, stated that he disagreed with the noise analysis and felt the data was misleading. He submitted a letter regarding the noise analysis to Mr. Ramos. He stated that he felt there was an adequate number of carwashes in the surrounding area. Mr. Ramos stated that the number of carwashes in the area was not under his purview. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Mr. Ramos stated that he would continue the item as recommended by staff. CONDITIONAL USE PERMIT NO. 2009-012 WAS CONTINUED TO THE OCTOBER 14, 2009 MEETING. ITEM 2: ENTITLEMENT PLAN AMENDMENT NO. 2009-008 (AMENDMENT TO ONDITIONAL USE PERMIT NO.96-50—SAKURA SIGN&TRELLIS AP ANT: Andy Dang, Dang &Associates Inc. PROP OWNER: Dang & Associates Inc., 18582 Derby Circle, Huntington Beach, CA 92648 REQUEST: To amend a previously approved plan to allow for a two-foot trellis extension to the existing six-foot high plexiglass wall surrounding the outdoor dining area and 10'-6" entry monumentabon within the front yard setback in lieu of the maximum allowed height of 42 inches. LOCATION: 871 Beach Boulevard, 92647 (west side of Beach Boulevard, n of Warner Avenue) PROJECT PLANNER: Jill e Jill Arabe, Assistant Planner, displayed ect plans and photographs and stated the purpose, location, zoning, and existing use of the s site. Staff presented an overview of the proposed project and the suggested findings d conditions for approval as presented in the executive summary. Ms.Arabe stated that staff had received no public co ents. Mr. Ramos asked staff if all the extensions were being view as fence extensions. Ms.Arabe confirmed that they were. Mr. Ramos asked if Building Department staff had any concerns with a project. Ms.Arabe stated that Building Department staff had no concerns as long as a stru ral engineer could provide plans for the project. THE PUBLIC HEARING WAS OPENED. Andy Dang, applicant, stated that he had no comments or concerns with staff's recommendations. G:)ZV MIN109\09zm0923.Doc 2 (09zmOM) ATTACHMENT NC,6 k -575- Item 7. - Page 195 MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room B-8-Civic Center 2000 Main Street Huntington Beach California WEDNESDAY, OCTOBER 14, 2009- 1:30 P.M. ZONING ADMINISTRATOR: Ricky Ramos STAFF MEMBER: Tess Nguyen, Andrew Gonzales, Rami Taileh, Kimberly De Coite (recording secretary) MINUTES: NONE ORAL COMMUNICATION: NONE ITEM 1: CONDITIONAL USE PERMIT NO. 2009-012(NEWLAND CARWASH) APPLICANT: Thomas Hwang, 616 Imperial, LLC PROPERTY OWNER: 616 Imperial, LLC, 1050 E. Anaheim Street, Long Beach, CA 90813 REQUEST: To permit the construction of an approximately 2,200 sq. ft. express service carwash building and associated site improvements, on a 22,363 sq. ft. vacant lot. LOCATION: 8471 Warner Avenue, 92647 (northwest comer of Warner Avenue and Newland Street) PROJECT PLANNER: Ethan Edwards Andrew Gonzales, Associate Planner, stated that the applicant had requested a continuation to the November 18, 2009, Zoning Administrator meeting and that staff agreed with the request. He noted that the applicant had submitted a request for a 90 day extension to the application to provide additional time to address issues raised at the September 23, 2009 Zoning Administrator meeting. AS THERE WERE NO PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST, THE PUBLIC HEARING WAS NOT OPENED. Mr. Ramos stated that he would continue the item as requested by the applicant. CONDITIONAL USE PERMIT NO. 2009-012 WAS CONTINUED TO THE NOVEMBER 18, 2009 MEETING. G:)ZA)ZAMtN\09\09zm1014.Doc (09zm1014) ATTACHMENT NO, Item 7. - Page 196 -576- MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room B-8-Civic Center 2000 Main Street Huntinaton Beach Califomia WEDNESDAY, NOVEMBER 18, 2009-1:30 P.M. ZONING ADMINISTRATOR: Ricky Ramos STAFF MEMBER: Ethan Edwards, Jill Arabe, Andrew Gonzales, Kimberly De Coite(recording secretary) MINUTES: NONE ORAL COMMUNICATION: NONE ITEM 1: CONDITIONAL USE PERMIT NO. 2009-012 (NEWLAND CARWASH- CONTINUED FROM THE OCTOBER 14,2009. MEETING I APPLICANT: Thomas Hwang, 616 Imperial, LLC PROPERTY OWNER: 616 Imperial, LLC, 1050 E. Anaheim Street, Long Beach, CA 90813 REQUEST: To permit the constriction of an approximately 2,200 sq. IL express service carwash building and associated site improvements, on a 22,363 sq.ft. vacant lot. LOCATION: .8471 Warner Avenue, 92647 (northwest comer of Wamer Avenue and Newland Street) PROJECT PLANNER: Ethan Edwards Ethan Edwards, Associate Planner, displayed project plans and photographs and stated the purpose, location, zoning, and existing use of the subject site. Staff presented an overview of the proposed project and the suggested findings and conditions for approval as presented in the executive summary. Mr. Edwards stated that staff had received public comments in opposition to the project, citing concems related to the design, circulation, and potential noise impacts. Mr. Edwards noted that staff had revised the suggested conditions of approval which require revised site plans and the undergrounding of utilities prior to issuance of a building permit. Mr. Ramos asked if the carwash would have attendants. Mr. Edwards stated that there would be attendants on-site during hours of operation. Mr. Ramos asked if Public Works staff had reviewed the project. Mr. Edwards stated that traffic division staff had reviewed the site plan and determined that the internal circulation was adequate and that there would be no significant impacts to the circulation on Warner Avenue and Newland Street. THE PUBLIC HEARING WAS OPENED. G:7AV_ MtN109V09zm111&Doc (09an1118) -577- ATTACHM tem 7.- Paige 197 Thomas Hwang, applicant, stated that he had reviewed the suggested conditions of approval and had no concerns. Mary Martin, 17201 Hague Lane, spoke in opposition to the project, citing concerns with potential noise impacts. She stated that she felt that any noise impacts would be detrimental to the quality of life for the neighboring residents and noted that there are at least two carwashes in operation within one mile of.the site. She expressed concern with the hours of operation. She stated that she felt the intersection of Warner Avenue and Newland Street is already heavily travelled and was concerned with the additional traffic this project would generate. She asked for clarification with the projects onsite circulation. Mr. Ramos reviewed the onsite circulation and noted that the driveway on Newland Street would be for exiting traffic only. Ms. Martin asked if there would be attendants onsite and Mr. Hwang stated that there would be at least two attendants on the premises at all times, including one to operate the cash register: Ms. Martin expressed concern about additional pollution caused by the project and Mr. Ramos stated that the project is exempt under the California Environmental Quality Act, as noted in the Executive Summary for the request. Larry Kennepohl, local business owner, gave a brief presentation in opposition to the project. He stated that the site was too small to accommodate the anticipated volume of cars. He stated that the onsite circulation plan would not work and expressed concern about potential traffic accidents. Mr. Kennepohl submitted pictures of Mr. Hwang's carwash operation in the City of Long Beach and stated that the site was poorly maintained. James Aspaas, 17201 Hague Lane, spoke in opposition to the project, citing concerns over potential noise impacts. He stated that the site was too small to accommodate the project and that he felt there was potential for traffic impacts. Michelle Nguyen, neighboring property owner, spoke in opposition to the request, citing the pmject's potential for traffic and noise impacts. She stated that she was concerned that potential pollution from the dust of the vacuum stations will have a negative effect on the health of her tenants. ' Troy Grover, 8421 Amsterdam Drive, spoke in opposition to the project, citing noise and traffic Impacts. He noted that the noise from Warner Avenue was already excessive and that it would cumulatively increase with the addition of this project Michael Depin, 8411 Amsterdam Drive, spoke in opposition to the project, citing the potential noise impact He noted that there are four carwashes near the site and he does not feel there is a need for another. Mr. Ramos stated that his decision must be based on land use issues and that he could not address competition and the concentration of carwashes in the area. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Mr. Ramos asked Mr. Hwang to address Ms. Nguyen's concerns about the vacuums. Mr. Hwang stated that the refuse from the vacuums will be collected inside the building and noted that the use of the vacuums was optional. Mr. Ramos asked if there would be attendants drying the cars. Mr. Hwang indicated that he was unsure. Mr. Ramos asked staff if the narrative clarified whether there would be manual G.7A17-AMNV09)09am1118.Dw 2 (09tm1118) Item 7. - Page 198 -578- ATTACHMENT NO., g t drying and stated his concern with the potential of vehicular stacking. Mr. Hwang stated that stacking potential was caused by staff cleaning the inside of the cars and that this option would not be offered. Mr. Ramos asked staff if the parking spaces would also function as the vacuuming sites and Mr. Edwards confirmed this. Mr. Ramos stated that the request included a noise study that stated that the project will not exceed the noise threshold as established by the municipal noise ordinance. He noted that should the study be inaccurate the project will still be required to comply with established thresholds and that any further issues/complaints can be filed-with Code Enforcement staff. Mr. Ramos noted that traffic engineering staff had reviewed the request and stated that the project will not have significant traffic impacts. He stated that he believed the site to have adequate area for stacking and that any maintenance issues can be addressed with Code Enforcement. Mr. Grover asked how potential noise from customers would be handled. Mr. Ramos noted that suggested Condition No. 4d indicated that carwash employees would be responsible for policing customer noise. Mr. Ramos asked if the mitigation measures noted in the noise study were included in the suggested conditions of approval and Mr. Edwards confirmed this. Ms. Nguyen asked if the adjoining wail between the site and her property could be extended to help attenuate noise. Mr. Edwards stated that the 12 ft. canopy included in the site plan would mitigate the noise impacts. Mr. Ramos stated that based on the information provided, he would approve the request as recommended by staff with minor modifications to the findings and conditions of approval. CONDITIONAL USE PERMIT NO. 2009-012 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND CONDITIONS OF APPROVAL STAFF STATED THAT THE ACTION TAKEN BY THE ZONING ADMINISTRATOR MAY BE APPEALED TO THE PLANNING COMMISSION WITHIN TEN (10)CALENDAR DAYS. FINDINGS FOR PROJECTS EXEMPT FROM CEQA: The Zoning Administrator finds that the project will not have any significant effect on the environment and is exempt from the provisions of the Califomia Environmental Quality Act (CEQA) pursuant to section 15303 of the CEQA Guidelines, because the proposed project consists of the construction of a new commercial building with less than 10,000 square feet of floor area not involving significant amounts of hazardous substances on a site where public services and facilities are available and the surrounding area is not environmentally sensitive. FINDINGS FOR APPROVAL-CONDITIONAL USE PERMIT NO. 2009-012: 1. Conditional Use Permit No. 2009-012 to permit the redevelopment of a former gas station site with the construction of an approximately 2,336 sq. ft. express carwash building and associated site improvements will not be detrimental to the general welfare of persons G.ZAI7AMIN109109vn1118.Dw 3 (o9ztn111 e) ATTACHMENT NO. -579- Item 7. - Page 199 working or residing in the vicinity or detrimental to the value of the property and improvements in the neighborhood. The project will not significantly impact adjoining residential properties located to the north and west of the site. The carwash building will be sited furthest away from residential uses at the southeast comer of the property. The residential uses to the west will be buffered from the carwash by an approximately 65 ft. separation consisting of a drive aisle, parking lot landscaping, 12 ft high noise attenuating screen canopy, 10 ft wide landscape planter, and a 6 ft high block wall. Residential uses to the north will be buffered from the carwash by a drive aisle and-a 5 ft setback with landscaping. A noise study was submitted indicating compliance with established noise level thresholds. Noise will be attenuated through operational requirements and onsite improvements which include limited operating hours, a perimeter block wall and appropriate building orientation. Additionally, noise emitting mechanical equipment will be enclosed within the building and oriented away from residential properties. Furthermore, the use will be subject to compliance with the City of Huntington Beach Noise Ordinance (Chapter 8.40 Noise Control) and based upon the conditions imposed, potential noise impacts will be mitigated. Lighting will be designed to be directed onto the project site without any spillage onto adjacent properties. The project is on a site of a former auto-related use; consequently no significant traffic impacts are anticipated. The project will provide adequate on-site parking and will not present unsafe conditions for pedestrians or vehicular circulation. 2. The conditional use permit will be compatible with surrounding developments because the carwash building will be located on commercially zoned property, formerly occupied by a gas station, in an area containing similar auto-related land uses. The building's architecture is consistent with the surrounding neighborhood by providing appropriate scale through a single story design and appropriate proportion and character through variable fagade offsets and harmonious colors and materials. The proposed development, as conditioned, conforms to the design criteria as stipulated within the City's Urban Design Guidelines by siting the building at the street comer, accommodating anticipated circulation patterns between vehicles and pedestrians, improving the driveways to current standards, and minimizing the visibility of mechanical equipment within the carwash tunnel openings. 3. The development will comply with the provisions of the base district and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance, including minimum building setbacks, minimum on-site parking and minimum onsite landscaping, maximum building height and maximum floor area ratio. The proposed car wash use is permitted within the CG (General Commercial) zoning district with approval of a conditional use permit. 4. The granting of the conditional use permit will not adversely affect the General Plan. It is consistent with the Land Use Element designation CG-F1 (General Commercial — 0.35 maximum floor area ratio) on the subject property. In addition, it is consistent with the following goals, objectives and policies of the General Plan_ Land Use Element Obiective - LU 10 1: Provide for the continuation of existing and the development of a diversity of retail and service commercial uses that are oriented to the needs of local residents. GAZAlZAMIN\09)09zm1118_Doc 4 (ogim1118) Item 7e—Page 200 -- - - -580- ATTACHMENT NO, g Policy-LU 10.1.4: Require that commercial buildings and sites be designed to achieve a high level of architectural and site layout quality. Policy - LU 10.1.6. Require that commercial projects abutting residential properties adequately protect the residential use from the excessive or incompatible impacts of noise, light, vehicular traffic, visual character, and operational hazards. Policy- LU 10.1.12. Require that commercial uses be designed and developed to achieve a high level of quality, distinctive character, and compatibility with existing uses and development including consideration of: a. Incorporation of site landscape, particularly along street frontages and in parking lots; d. Siting of building to the street frontage to convey a visual relationship to the street and sidewalks; e. Architectural treatment of buildings to minimize visual bulk and mass, using techniques such as the modulation of building volumes and articulation of all elevations. The project is a redevelopment of a former gas station site with a new express carwash facility. The proposed use will redevelop a currently vacant site with a facility that caters to the needs of local residents. The project will not significantly impact the adjoining residential property to the north and west of the site. The carwash building will be sited furthest away from residential uses. The residential uses to the west will be buffered from the carwash by an approximately 65 ft. separation consisting of a drive aisle, parking tot landscaping, 12 ft. high noise attenuating screen canopy, 10 ft. wide landscape planter, and a 6 ft. high block wall. Residential uses to the north will be buffered from the carwash by a drive aisle and a 5 ft. setback with landscaping. The mechanical equipment associated with the carwash will be located inside the building; in addition, the building is oriented so that the carwash tunnel openings do not directly face adjacent residential uses. Lighting will be designed to be directed onto the project site without any spillage on to adjacent properties. Urban Design Element Qbiectiye - UD 1.1: Identity and reinforce a distinctive architectural and environmental image for each district in Huntington Beach. Policy- UD 1.2.1.E. Enhance the connections,where feasible between the public sidewalk and private commercial interior open spaces as described by the Land Use Element by using decorative paving materials. The proposed design of the carwash building will incorporate distinctive architecture which includes variations to the roof height and form, insets and offsets in the building fagade to create enhanced visual relief and break up of building mass, and variations in exterior building treatments. The project will incorporate a connection from the public sidewalk on Warner Avenue and Newland Street by providing Gear and identifiable access to the carwash building. G:l2A7-AMINW%OQtm1118.Doc 5 (09un111a) -581- ATTACHME�em I� - Page 201 Noise Element Objectjve-N 1.4: Minimize noise spillover or encroachment from commercial and industrial land uses into adjoining residential neighborhoods or"noise-sensitive"uses. Objective - N 1.4.3. Require that the parking areas of all commercial and industrial land uses, which abut residential areas, to be buffered and shielded by walls, fences, or adequate landscaping. A noise study prepared by Giroux 8 Associates on November 6, 2009 identifies that project noise levels will not cumulatively contribute to an increase in levels above established thresholds. Noise will be attenuated through operational requirements and onsite improvements which include limiting the hours of operation, and providing for a perimeter block wall and appropriate building orientation. Additionally, noise emitting mechanical equipment will be enclosed within the building and oriented away from residential properties. CONDITIONS OF APPROVAL-CONDITIONAL USE PERMIT NO. 2009-012: 1. The site plan, floor plans, and elevations received and dated September 9, 2009 shall be the conceptually approved design with the following modifications: a. Landscaped setbacks along both street frontages shall incorporate mounding, shrubbery and vertical elements to enhance the aesthetics of the site and provide for additional screening at the openings to the carwash tunnel and interior mechanical equipment. Provide a revised site plan that depicts the proposed landscaping and screening elements to be reviewed and approved by the City's Landscape Architect and Planning Department. b. The Recovery and Collection Hydro-Carbons area located at the northwest comer of the site shall provide screening to match the adjacent trash enclosure. All screening enclosures shall be compatible and provide materials found in the carwash building. Provide a revised site plan that depicts the screening detail to be reviewed and approved by the Planning Department. 2. Prior to submittal for building permits, the following shall be completed: a. One set of project plans, revised pursuant to Condition of Approval No. 1, shall be submitted for review, approval and inclusion in the entitlement file, to the Planning Department. 3. Prior to final building permit, all existing overhead utilities located along the Newland Street and Warner Avenue frontage shall be undergrounded. This shall include all utilities, including but not limited to telephone, electric, and Cable TV lines. If required, easements shall be quitclaimed and/or granted to the corresponding utility companies. (PW) 4. The use shall comply with the following: a. The car wash facility shall not be operational from 8 p.m. to 7 a.m. G-17A7-AMINWX)-0un1118.Dw 6 (09zm11 m) Item 7e - Page 202 -582- ATTACHMENT NO. �' b. The car wash dryer units shall be equipped with a silencer. c. Paging and music system speakers located or being activated outside of the building shall be prohibited. d. Customers shall be cautioned against the creation of unacceptably loud noise during waiting and within the vacuum/wipe off areas by signage posted near this area. Customer noise dearly audible beyond the property line (5 dB or more above ambient)shall be eliminated immediately by staff intervention. 5. Incorporating sustainable or green" building practices into the design of the proposed structures and associated site improvements is highly encouraged. Sustainable building practices may include (but are not limited to) those recommended by the U.S. Green Building Council's Leadership in Energy and Environmental Design (LEED) Program certification (http://www.usgbc.orq/DisplayPage.aspx?CategorylD=19) or Build It Green's Green Building Guidelines and Rating Systems (http://www.builditgreen.org/index.cfm*?fuseaction=quidelines). INDEMNIFICATION AND HOLD HARMLESS CONDrnON: The owner of the property which is the subject of this project and the project applicant if different from the property owner, and each of their heirs, successors and assigns, shall defend, indemnify and hold harmless the City of Huntington Beach and its agents, officers, and employees from any claim, action or proceedings, liability cost, including attorney's fees and costs against the City or its agents, officers or employees, to attack, set aside, void or annul any approval of the City, including but not limited to any approval granted by the City L ouncil, Planning Commission, or Design Review Board concerning this project The City shall romptly notify the applicant of any claim, action or proceeding and should cooperate fully in e defense thereof. %JTEM 2: COASTAL DEVELOPMENT PERMIT NO. 2009-M SCHULTZ RESIDENCE APP NTI PROPER INNER: Dan Schultz, 16419 Wimbeldon Lane, Huntington Beach, CA 92649 REQUEST: To permit the construction of a 368 sq. ft., two-story addition to an existing 1,984 sq.ft., two-story attached residential unit LOCATION: 19 Wimbledon Lane, 92649(west of Saybrook Lane, south of Hu t Drive) PROJECT PLANNER: Jill Arabe Jill Arabe, Assistant Planner, displayed project and photographs and stated the purpose, location, zoning, and existing use of the subject Staff presented an overview of the proposed project and the suggested findings and condi for approval as presented in the executive summary. Mr. Ramos asked for clarification on a small part of the site plan. Ms. a indicated that this was an open patio. Mr. Ramos asked if staff had any doubts that the requ uld meet the open space requirements. Ms. Arabe stated that staff believed that, based a square G.V-AIZANN1 9D92m1118.Dm 7 (09=1118) ATTACKAPNT K10 ' .� -583- Item 7. - Page 203 r- Giroux & Assoc �tes r Environmental Consultants n. N�V Q g 2009 Nun6n9to"Beach PLANING pEpT. N NOISE IMPACT ANALYSIS HUNTINGTON BEACH CAR WASH HUNTINGTON BEACH, CALIFORNIA Prepared for: Richard Hwang 1050 E. Anaheim Street Long Beach, CA 90813 Prepared by: ans iro Senior Analyst Giroux &Associates Date: November b, 2009 Project No.: P09-025 N ATTACHMENT NO, ci Item 7. - Page 204treet,Santa Ana, CA 92705 - Phoi-584-387-5477 - Fax{949)387-5478 - hi rouy@att.net INTRODUCTION Installation of a car wash is proposed at the 8471 Warner Avenue in Huntington Beach. The site is on the northwest corner of the intersection of Warner Avenue and Newland Street. There is an existing 5-foot block wall along the entire northern and western site perimeter. Apartments are located directly north of the site. The apartment building is two stories. Along the southern half of the western perimeter there are single story multi-family residences. There is a drive alley and parking along the northwestern project perimeter. BACKGROUND NOISE DESCRIPTORS Sound is mechanical energy transmitted by pressure waves in a compressible medium such as air. Noise is generally defined as unwanted sound. Sound is characterized by various parameters that describe the rate of oscillation of sound waves, the distance between successive troughs or crests, the speed of propagation, and the pressure level or energy content of a given sound wave. In particular, the sound pressure level has become the most common descriptor used to characterize the loudness of an ambient sound level. The unit of sound pressure expressed as a ratio to the lowest sound level detectable by a young person with good auditory acuity is called a decibel (dB). Because sound or noise can vary in intensity by over one million times within the range of human hearing, decibels are a logarithmic progression used to keep sound intensity numbers at a convenient and manageable level. Since the human ear is not equally sensitive to all sound frequencies within the entire spectrum, noise levels at maximum human sensitivity are factored more heavily into sound descriptions in a process called "A-weighting"written as dBA. Any further reference to decibels written as "dB" should be understood to be A-weighted. Most environmental noise includes a combination of local noise sources and those from distant sources that create a relatively steady background noise in which no particular source is identifiable. A single descriptor called the LEQ (equivalent sound level) is most commonly used for environmental noise. LEQ is the energy-mean A-weighted sound level during a measured time interval. It is the 'equivalent' constant sound level that would have to be produced by a given source to equal the fluctuating level measured. Another sound descriptor has been developed in an attempt to characterize the "total" sound environment. This descriptor penalizes noise levels during periods of greater noise sensitivity to create an artificially weighted 24-hour exposure. This noise metric is known as the Community Noise Equivalent Level (or CNEL). It is calculated by adding a 5 decibel penalty to sound levels in the evening (7:00 p.m. to 10:00 p.m.), and a 10 decibel penalty to sound levels in the night (10:00 p.m. to 7:00 a.m.) to compensate for the increased sensitivity to noise during the quieter evening and nighttime hours. California state law requires that development planning use CNEL's as the appropriate noise/land use compatibility criterion. They are used mainly to make land use decisions regarding noise ATT Huntington Beach Cai Wash ash -585- ° ' item7. Page 205 exposure for those noise sou- Ps pre-empted from local control sur` as motor vehicles, airplanes, trains, etc. In contrast to use performance standards governiTig sources amenable to local control, CNEL's are therefore more reactive to the noise environment rather than being proactive noise control standards. Where not preempted from exercising control, jurisdictions regulate the amount of noise experienced at the property line of one property from noise generated by another through the community noise ordinance. The municipal code of the City Huntington Beach establishes noise standards for fixed facilities such as car washes. Noise generated during operation of the facility is regulated though noise performance standards for the equipment at the nearest residential property line. NOISE ORDINANCE STANDARDS-CITY OF HUNTINGTON BEACH MUNICIPAL CODE The City of Huntington Beach has adopted a Noise Ordinance (Chapter 8.40 of the Huntington Beach Municipal Code), which identifies exterior and interior noise standards, specific noise restrictions, exemptions, and variances for sources of noise within the City. The Noise Ordinance applies to all noise generated on one land use that impacts an adjacent use, typically stationary noise sources. Noise standards apply to noise emanating from one property and crossing the property line of another property. Exceptions include transportation noise from vehicles operated upon any public highway, roadway, trains airplanes etc. As such, the Municipal Code provides standards against possibly intrusive noises such as car washes. The exterior noise standards shown in Table 1 are established in the City's Noise Ordinance, Section 8.40.050, are identified in Table 4.9-5 (City of Huntington Beach Noise Ordinance Exterior Noise Standards),along with the exterior noise levels that are prohibited as established by Section 8.40.060. Jurisdictions typically allow for a relaxation of standards if baseline noise levels already exceed the Table 1 values. If the ambient noise level is greater than the identified noise standards, the noise standard becomes the ambient noise level without the offending noise. For this project the standards for Zone 1, residential uses apply. In accordance with Section 8.40.090(d) construction noise activities are exempt from the Noise Ordinance, provided that the construction activities do not occur between the hours of 8:00 P.M. and 7:00 A.M. on weekdays and Saturdays, or at any time on Sundays or federal holidays. ATTACHMENT _a-v Item 7. - Pac�e�206 -586- Table 1 Huntington Beach Municipal Cade Exterior Noise Standards Noise Zone Noise Level Time Period 1 55 dB(A) 7 a.m. - 10 p.m. 50 dB(A) 10 p.m. -7 a.m. 2 55 dB(A) Anytime 3 60 dB(A) Anytime 4 70 dB(A) Anytime Noise Zone 1: All residential properties; Noise Zone 2: All professional office and public institutional properties; Noise Zone 3: All commercial properties with the exception of professional office uses Noise Zone 4: All industrial properties. (2379-7179) In the event the alleged offensive noise consists entirely of impact noise, simple tone noise, speech,music,or any combination thereof, each of the above noise levels shall be reduced by five (5)dB(A). It shall be unlawful for any person at any location within the incorporated area of the City to create any noise, or to allow the creation of any noise on property owned, leased, occupied, or otherwise controlled by such person,which causes the noise level when measured on any residential,public institutional, professional, commercial or industrial property, either within or without the City,to exceed the applicable noise standards: (a) For a cumulative period of more than thirty(30) minutes in any hour; (b) Plus 5 dB(A) for a cumulative period of more than fifteen (15) minutes in any hour; (c) Plus 10 dB(A) for a cumulative period of more than five(5) minutes in any hour; (d) Plus 15 dB(A)for a cumulative period of more than one(1) minute in any hour; or (e) Plus 20 dB(A)for any period of time. In the event the ambient noise level exceeds any of the first four noise limit categories above, the cumulative period applicable to said category shall be increased to reflect said ambient noise level. In the event the ambient noise level exceeds the fifth noise limit category, the maximum allowable noise level under said category shall be increased to reflect the maximum ambient noise level. ATTACNIE l �, q 3 Huntington Fkach Car Wash -587- Item 7• - Page ®0 BASELINE NOISE LEVELS = Existing noise levels near the proposed project site derive mainly from vehicular sources on the adjacent arterial roads in the area. The proposed project site is currently vacant land. The surrounding area is developed with residential uses to the north and west. The site is bounded by Newland Street to the east and Warner Avenue to the south. Because the noise compliance threshold depends upon the acoustic baseline condition, an on-site noise measurement was made on June 13th through 15th, 2009 for 48 hours, at two on-site locations. The 24-hour CNEL was calculated for two 24-hour time periods since 48 hours of data was obtained. Meter 1 was located closer to Newland Street and Meter 2 was closer to the Warner Avenue boundary. The measured noise levels at these two locations are shown in Table 2 and a map showing the meter locations is provided in Figure 1. The noise ordinance compliance standard can be adjusted if the baseline level already exceeds the standard. The car wash portion of the project is presumed to operate only during "daytime" conditions which extend from 7 a.m. to 10 p.m. As seen in Table 2, noise measurements along the northern portion of the site demonstrate the lowest daytime level to be 63 dB Leq at 8-9 p.m. and the lowest nighttime reading is 54 dB Leq at 2-3 a.m. Measurements along the southern portion of the site demonstrate the lowest daytime level to be 67 dB Leq and lowest nighttime level to be 59 dB Leq. Because the site is moderately impacted by traffic noise, the strictest residential noise standards shown in Table I may be relaxed. Operation of the car wash was assumed restricted to the hours of 7 a.m. to 10 p.m. ("daytime"standards)_ The quietest noise level observed during each noise limit category was abstracted from the measurements. Table 3 compares the measurements and shows which ordinance standards may be relaxed to accommodate the elevated background level. The Newland Street exposure close to the existing apartment is the relevant standard for the proposed project. The column entitled "Adjusted Standard" shows that small adjustments of the 30-, 15-, and 5-minute standards are warranted. No adjustment of the 1-minute or absolute maximum standard is suggested by the baseline noise measurements. ATT C-HME i Item 7. - Page 208 -588- ` 7 A sS4 z<jY Cv P t I f > r i i !� t t �• i t�nl. �.f # ,� t(-C�J 9 1: f � i is C �p!4 A�q{? tj �}10.rtt { ..h�i' rStA1 #tvwl'hEy:?C`Y' ; r {�'# I5 } i' ,'{7 kSxi� `'• t 4' L tS' ) f 15� t a 2 bx � MY a r� 1i; k tar SY � 1 t l ! Y+� Vft "Es� Tyl i ?•l c fl kl Y a 7�y� �4Y i t 4 a Ft 1sy�5 �5 i Y I l Lf x1 w s! 17f� #iPl ° d3tlki ) 99$ x1 5 �fi I4 `I$�PJ T vv c � � �£r�§ 1all6ttdi1tl rrn '7§ ulttes f • . 9 3 M �a} !i J1F �,! t �` � � �r�a ��i r a ���•�� t `� Z� a I �Isl � i i a tab § CA,� ., ^• 3 t3 ytti Jt —aE{ 7 j� r § t s 5I W,2 C Clio r r � (t�� �9f }j �i ae 11� t ! ? e r 'i"•,a4 ,3,(,b 194f{,� Y A-.5� �F{ 2r"IS!1 �0��riF+� ♦y tii `i r� 'SSG:..FI7�P -f'. i�0t S �3 �7ty,r�'r�Yy4 + f }' �� �jr' � ���6 S• jpt� .J �} Elk }'eI §�f �x1 '1 .1 ., t�+--L S � ✓ 6r}`� ?41l '`S` '' a� tip n �' ��'r C'rr di' 2 e 'i 'i i1. >,r3F 7 f 6 a, ', y *,r•. W §P ��p ,G-i. a�.,tk'f�4 Zy � } IVA", �•v 3 ! t4 8 r .�Er�s.e.., �efi,"YI{� r� > rl v r� t >r�l'�e 3• Ott���p I � �yw: 'S�° ! t{x '' � - a 4• �,- ,i-°toy ! ' f���m go $r s sck . d�f 1 1, i 4 �s�t tl����` , t, ��t�}}� {7-s'� �t +�l►k ��'�s`�i�' `w��f�a u�at�ci 5�`t�X�r1•�� i�� i �'� . k '�rLti� >aV��ke'y„fi Table 2 Huntington Beach Car Wash--- (Existing Hourly Leq, dBA) Time Interval Meter 1 Meter 1 Meter 2 Meter 2 Sat-Sun Sun-Mon Sat-Sun Sun-Mon 12:00-13.00 66.3 65.4 70.1 69.3 13:00-14:00 65.1 64.6 70.2 68.7 14:00-15:00 65.3 65.6 70.6 68.9 15:00-16:00 67.6 64.5 72.8 69.3 16:00-17:00 65.6 66.1 69.7 69.3 17:00-18:00 66.1 66.3 70.7 69.2 18:00-19:00 66.0 64.0 69.6 68.5 19:00-20:00 66.4 64.1 60.1 67.7 20:00-21:00 63.9 64.7 68.0 71.1 21:00-22:00 65.2 63.6 68.1 67.2 22:00-23:00 63.3 61.8 67.1 65.8 23:00-24:00 62.5 60.0 66.3 64.6 0:00-1:00 60.5 58.8 68.9 62.3 1:00-2:00 59.7 55.8 64.0 59.4 2:00-3:00 58.3 54.1 61.4 59.7 3:00-4:00 55.8 55.5 60.3 59.3 4:00-5:00 55.7 57.2 58.6 60.6 5:00:6:00 57.1 62.5 62.1 66.1 6:00-7:00 60.3 64.8 63.9 68.0 7:00-8:00 63.8 66.5 65.5 69.8 8:00-9:00 63.4 66.9 67.2 70.7 9:00-10:00 64.3 65.4 68.5 70.6 10:00-11:00 65.1 64.7 69.6 70.0 11:00-12:00 64.3 65.0 68.9 70.6 n'•- '%W'rn�."."i:..�. M.,w.. Shaded entries represent night time values (10:00 p.m. to 7:00 a.m.) ATTACHMENT NO _ q.6 Item 7. - Page 210 -590- Table 3 Measured Daytitue Noise Levels Compared to Noise Ordinance Standards (dB) Site 1 Newland Street Parameter Sat. Sun. Mon. Ordinance Adjusted Standard Standard Lso 61-63 59-62 63-64 55 59 Les 63-65 61-64 64-66 60 61 Log 68-69 66-69 68-71 65 66 Loi ND ND ND 70 70* Lmax 74-90 75-87 74-80 75 75 Site 2 Warner Avenue Parameter Sat. Sun. Mon. Ordinance Adjusted Standard Standard Lso 61-66 60-66 65-66 55 60 Les 65-71 63-69 69-71 60 63 Lag 72-74 70-74 74-75 65 70 Lol ND ND ND 70 70* Lmax 80-98 80-96 81-86 75 80 Lso, L25, 48, 41 =percentile levels, L50=501h percentile (30 minutes), etc. ND=no data for this "L" level *=assume unchanged, not measured to confirm any adjustment ATTACHMENT NO,-ct-7 -591- Item 7. - Page 211 Huntington Beach Car hash SITE OPERATIONAL NOISE Car wash noise was analyzed by monitoring noise levels at an existing car wash equipped with the same type of car wash equipment as proposed for the project site. Measurements were made on January 16, 2007, at locations both along the tunnel axis, as well as along the perpendicular direction with a side view of the tunnel exit. These measurements included noise generation not only from the car wash apparatus itself,but included the contribution from ancillary activities(cars starting/stopping, employees whistling to get another employees' attention, door slamming and vacuum operation). At 30 feet from the tunnel exit, the noise readings during one full wash cycle were as follows: Facing the dryer— 75 dB Leq Perpendicular axis— 69 dB Leq An additional noise reading was made at Chung's Car Wash/Mobil in Long Beach on March 13, 2008. Both the car wash layout and the customer vacuum/wipe down areas at this car wash were very similar to the proposed project. The Long Beach measurements were taken to document peak noise levels during each wash cycle, as well as to observe customer activity noise generation in the vacuum/wipe down area. Peak noise levels during dryer/blower operations were as follows: 30 feet from tunnel exit — 80 dB Lmax 30 feet from tunnel entrance — 72 dB Lmax The dryer noise is attenuated by -8 dB though absorption within the tunnel and by blower orientation toward the tunnel exit. The Long Beach car wash played relatively loud music on a set of loud-speakers audible throughout the vacuum area. The average sound level at 50 feet from the closest speaker was 70 dB Leq. At the Long Beach location, the noise level from music playing to staff and customers was as loud as the average noise level from a typical wash cycle. Because of relative proximity of homes to the proposed Huntington Beach site, it was presumed that an outdoor Ioud-speaker system would not be employed. Individual customers may choose to play their car radios, but such sources will be more localized than a multiple speaker system mounted high above the vacuum area as at the prototype system in Long Beach. Vacuum noise was generally inaudible except within a few feet of the activity. The central vacuum motor was indoors, with only a vacuum hose attachment at each vacuum station. This same system is proposed for use at the Huntington Beach site with no noise impact consequences. In order to reduce possible nuisance noise from customer activity in the vacuum & wipe-down area, a sound shield will be constructed to create a partly covered half-tunnel. ATTACHMENT Item 7. - Page 212 -592- For the proposed site, show-_i Figure 2,the tunnel would be ang;_;such that neither the entrance nor the exit would directly face the closest residences either north or west of the proposed express car wash site. The tunnel exit would partly face Warner Avenue, and the blowers would be equipped with fan silencers to further protect the closest home to the west. Car wash noise measurements had found that off-axis noise was 6 dB less than when looking down the tunnel. For an angled tunnel configuration, this effect was assumed to reduce noise by -3 dB compared to the on-axis reading. The measurements also found that the tunnel entrance end is 8 dB quieter than the blower/exit end. These findings were applied to the proposed project.during the noisiest part of the operation with the projected sound levels compared to the most stringent City standard. The noisiest part of the proposed operation(blow-drying)will occur approximately 5 percent of the time during any hour. The noise standard that applies is between 1 and 5 minutes (Loi) and is 70 dB. If noise levels exceed 70 dB during dryer operation, the City of Huntington Beach Noise Ordinance would be exceeded. Measured reference noise levels were adjusted for distance spreading during propagation, for an off-axis orientation from the angled tunnel, and for any intervening barriers. The apartment residents will not"see"the tunnel exit because of its orientation. Similarly, the closest homes will not experience noise generated at the tunnel entrance. The off-site noise levels during the drying cycle of the operation are calculated as follows: Location Reference Source Spread Angle Barrier Residual Level Distance Loss Effect Blocking Level Apartment Bldg. 72 dB 50' -4.5 dB -3 dB 0 dB (a) 64.5 dB Residence West 80 dB 80, -8.5 dB -3 dB -5 dB 63.5dB (a) - assume direct line of sight to second story, no shielding At the apartment building fagade, the predicted noise level of 64.5 dB (Lol) would not exceed the city's ordinance. If the car wash system similar to the one monitored in Long Beach were located at the project site in the orientation shown in Figure 2, no violation of the noise ordinance is predicted to occur at the apartment building. At the nearest residence along Warner Avenue, the noise source would be louder, but the source to receiver distance is greater and there is a solid perimeter wall that will shield the one-story residence. The resulting noise exposure will be almost identical as at the apartments. Both locations will meet the noise ordinance standard. However, there may be single event noise events that could create a nuisance even if there is no violation of the standard. Because of residential proximity, nuisance noise should be minimized. Nuisance noise could include loud boom boxes,honking horns, customers or employees shouting, etc. Signs should be posted on-site at strategic locations to discourage nuisance noise and management shall be responsible for enforcement. ATTACHMENT O, Huntington Beach Car Wash -593- Item 7. - Page 213 Figure 2 Proposed Car Wash Schematic 2 5TORY APtS V A t2' OR" (oPT)PRf--"}C FILL-"MT5► . »RPCM F)ML%f1 OR$WCO"r CA RkTtEDW7LB3 G•P-L.Cf?d'.(TYP) fowpMEHT PAVErUWT PAYEM04T MUT Dp Igt � M lZbPISffi!(gigYE�LLCLt 3t 1C fL 54 � 9 Pf.VEf'fENT VACUUM PARKING e✓ �• '� �PIKIN�i M Fl{tX � OFTlCE �� d t{ C— A�lUrt VAGtJUM ,(1 1 4 f PARKING o'- lav WALL n �' ! J � STD YENFER STREET 9 IDE 2 . TONE tAr7O�CTPI iL i' 41, -AYfttFhT t jam` 6O'IZ � A YL• FAKE.PAVER$ TLEXdA9F �)FIRES oa S STAMID PSI ABC €TE C._"NW!) "n)4 DRT SKAKp ED T PAYEhEM .s200"P!lJISHED CR- SWKE g STP+!V I OR 9ftlCONE GAREWF�SPARKLIMWS. �•-dn ST2ET .� iGtl AS• S STONE VENsEP STREET ame NEGN 6r aTHER NARNEF� AVE Huntington Beach Czr NYash �n Item 7. a Page 214 -594- MITIGATION The proposed project will not cause City noise standards to be exceeded if car wash operations are constrained to the hours of 7 a.m. to 10 p.m. and the tunnel orientation is as shown in Figure 2. Nuisance noise from playing excessively loud music, honking, shouting or other customer activities could impact the closest homes even if numerical standards are not exceeded. Noise control features must be included in the project. to prevent creation of any noise nuisance. Mitigation for this project is: a. The car wash shall not be operational from 10 p.m. to 7 a.m. as a permit condition and the car wash dryer units shall be equipped with a silencer at least equally as effective as the unit tested in Long Beach. b. Public address loudspeakers for voice or music shall not be allowed. Staff communication shall be though personal paging devices. c. Customers shall be cautioned against the creation of unacceptably loud noise during waiting and within the vacuum/wipe off areas by signage posted near the site entrance. Creation of customer noise clearly audible beyond the property line (5 dB or more above ambient) shall be eliminated immediately by staff intervention. d. Vacuum stations along the western property line shall be shielded from the closest residences by a protective barrier comprised of a solid base and a glass or plastic superstructure as shown in Sheet A-1 of the project plot plan. This barrier will not only reduce any vacuum/wipe-down-activity noise, but will also reduce car wash operational noise at residences along a substantial portion of the western property line- ATTACHMENT � �, _�• 11 Huntington Beach Car Wwh -595- Item 7. - Page 215 STUDY PREPARER QUALIFICATIONS OF THE This study was prepared by Hans Giroux of Giroux &Associates, Santa Ana, California. Mr. Giroux's academic qualifications include: — B.A University of California, Berkeley, 1965 Physics — B.S. University of Utah, Salt Lake City, 1966 Meteorology — Graduate Studies, University of Wisconsin, Madison, 1967-65 — M.S., UCLA Los Angeles, 1972, Atmospheric Sciences — PhD Candidate, UCLA, Los Angeles, 1974, Atmospheric Sciences Mr. Giroux's academic and work experience includes operational weather forecasting for the USAF, university instructor and graduate teaching assistant. His areas of academic research included studies of the marine layer structure in Southern California, use of back-scattered radiation to measure stratospheric air pollution by satellites, and use of acoustics propagation anomalies to detect low level temperature inversions and wind shear. In 1977, Mr. Giroux formed Giroux & Associates. The small firm averages approximately 100 environmental studies per year focused on air pollution, noise impacts, air toxics studies and odor and dust nuisances. He has prepared numerous acoustic studies in Orange County. He has conducted car wash noise studies throughout Southern California. Car wash noise study locations have included Irvine, Laguna Beach, Cypress, Lakewood, Whittier, Chino, Montclair, Rialto, Rancho Cucamonga, Murrieta, San Marcos, San Diego and Chula Vista. His 30+years of acoustic project experience uniquely qualify him to address noise issues for the proposed car wash operation. Ms. Sara Gerrick assisted Mr. Giroux in the preparation of the analysis. Sara has a degree in engineering from Carnegie Mellon University in Pittsburgh, Pennsylvania. She has prepared acoustical impact studies for several car washes and other commercial operations throughout Orange County. Mr. David Giroux conducted the field observations of noise generation from typical car wash operations in Orange County. David's college degree is from U. C. Santa Barbara. ATTACHMENT N . •,Z Item 7.- Page 216 -596- October 27, 2009 HAND DELIVERED TO THE PROJECT PLANNER ON OCTOBER 27, 2009 Mr. Ricky Ramos Zoning Administrator City of Huntington Beach 2000 Main Street Huntington Beach,CA 92648 And: Mr. Ethan Edwards Project Planner City of Huntington Beach 2000 Main Street Huntington Beach,CA 92648 Re: CONDITIONAL USE PERMIT NO 2009-002: Applicant Thomas Hwang, 616 Imperial, LLC. Request: To permit the construction of an approximately 2,200 sq ft express service carwash building and associated site improvements, on a vacant 22,363 sq.ft.lot. Location: 8471 Warner Avenue 92647(northwest corner of Warner Avenue and Newland Street). Project Planner: Ethan Edwards. ATTACHMENT -597- Item 7. - Page 217 October 27, 2009 Mr. Ricky Ramos Zoning Administrator City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 And: Mr. Ethan Edwards Project Planner City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Re: CONDITIONAL USE PERMIT NO 2009-002: Applicant Thomas Hwang, 616 Imperial, LLC. Request: To permit the construction of an approximately 2,200 sq ft express service carwash building and associated site improvements, on a vacant 22,363 sq. ft. lot. Location: 8471 Warner Avenue 92647 (northwest comer of Warner Avenue and Newland Street). Project Planner: Ethan Edwards. Dear Mr.Ramos and Mr. Edwards, I would like to begin by disclosing that I am the owner of the Express Car Wash on the SEC of Beach Blvd. and Warner Avenue., approximately one-half mile west of the applicant's location. As such it is clear that I would not like to see a competing Express Car Wash so close. We both know that this is not relevant to any decision you might make on this application. Setting this aside, I have listed below the reasons that the CUP Application should be denied. 1. Who wants to live next to a noisy carwash? The drying blowers are loud and although today's blowers are quieter than the ones available just a few years ago they are still loud. There is no such thing as a dryer blower silencer as required under the SUGGESTIONS OF APPROVAL 2(b). The revised site plan shows twelve parking spaces. You will note that each space has an adjacent vacuum (one vacuum stand for two vehicles). These are FREE VACUUMS. None of the parking spaces are designated as employee parking. It is clear that the applicant intends for his employees to park on the street so that he can maximize vacuum spaces for customers. Customers vacuuming their own vehicles frequently play loud music. Signage prohibiting music is routinely ignored. Car Alarms occasionally go off. Cars waiting in line are not silent and many have their radios on. All of this right next to residents windows. Staff will be busy prepping cars at the tunnel entrance and wiping them off at the exit as well as collecting money. On a busy day there will be absolutely no one with the time to be a "parking lot noise monitor". The revised site plan in many respects is actually worse than the original plan. The new site plan now has customers vacuuming their vehicles within a few feet of the west property line. Given the demonstrated manner in which the applicant operates his other express car wash in Long Beach it is difficult to imagine that excessive customer noise will be eliminated immediately by staff intervention as required by SUGGESTIONS OF ATTACH�� T € . g Item 7. - Page 218 -598- APPROVAL 2(d). Tenants in the buildings immediately adjacent to the proposed carwash will not like this and can vote with their feet and either move out or not move in at all. This will result in a decreased value of the surrounding apartment buildings as it will take longer to rent the units. The units immediately next to the carwash will be impacted the most and will most assuredly rent for less than they otherwise would have which will decrease the value of the property. I checked several carwashes in Huntington Beach and all were in commercial areas with no close residential. There is a reason for that. They generate a lot of noise. A review and critique of the noise study by Steve Park PhD, which was submitted by the applicant, is attached as Tab 1 Photos of apartment building windows are attached as Tab 2 2. The subject property has apartments immediately to the north and west, occupied mainly by low. income tenants. The worst recession since the 1930's has caused severe property value declines. To further damage the property values by building a car wash on the site seems like °piling on". 3. The revised site plan has NO employee parking. While it is possible to operate an Express Car Wash with two employees it is not possible to operate it with one. As a practical matter a minimum of three employees will be needed at all times. No reasonable businessman can rely on the second person of a two person shift ALWAYS showing up for work. In addition the employer must provide for required rest and lunch breaks. Also the hours of operation will require two shifts. At shift change there can easily be five or six employees on the lot. At a minimum four employee parking spaces in addition to the handicap space will be required. On Saturday, September 19, 2009, 1 visited Mr. Hwang's other Express Car Wash site in Long Beach on the NEC of corner of Santa Fe and Willow. The tunnel length at the Long Beach location is the same as the proposed tunnel at Warner and Newland. At that time there were four employees on the lot servicing customers. 4. The lot is too small for the projected business. The most common way to project the volume that will be achieved on a to-be-built Express Wash is to use the industry average"Capture Rate"The Capture Rate for an Express Wash is currently about .08% of the traffic on the intersection. See Tab 3 for a further explanation of the "Capture Rate" The Capture Rate is an average number of passing vehicles that will be "captured" by the wash. On Weekends the customer visits will typically be 50% higher than Monday through Thursdays.With a daily traffic count of 55,000 this location is projected to wash an average of 440 cars per day when mature. This will likely average 300 cars per day Monday thru Thursday and 600 cars per day on Fri-Sat-Sun. The site is very likely to see many days during the year when the car count will spike to over 800 cars. A properly designed Express Carwash requires much more space than the 22,363 sq. ft.on the Applicants site, The lot is entirely too small for the volume of business projected. Attached as a part of Tab 4 is a copy of the site plan for the WildWater Express Car Wash at 7995 Knott Ave., Buena Park which is intended to show a property designed site. A photo of the facility is also included. Note that the site plan allows for excellent circulation with entrances off of La Palma to the south and into the adjacent retail center to the north_ Note that in spite of the much larger site there is space for only nine vacuums. It is also important to note that these are PAY vacuums. To make them FREE as the applicant plans to do will draw more customers to his site but it will also jam up the lot as people jockey for a vacant vacuum space. On a busy weekend customers vacuuming their vehicles will be trapped by the vehicles entering and lining up to be washed. Attached as Tab 5 is a day-by-day traffic count for the six busiest months in the Buena Park Express Car Wash in 2007 and 2008. All of the days where the customer count exceeds 700 are ITT %CHMENT NO._-Lo:z -599- Item 7. - Page 219 highlighted in yellow. Can you imagine the traffic jam on the site with 700 plus cars in one day? Remember the traffic and the expected Capture Rate at the Buena Park site and the applicant's site are essentially the same. With FREE vacuums the traffic into the site will probably exceed the traffic into the Buena Park Express Car Wash. The tunnel is too short for the projected volume of business. As a general rule of thumb the number of cars that can be washed per hour is generally roughly equal to the length of the tunnel in feet. A 100 foot long tunnel can wash approximately 100 cars per hour and a 70 toot long tunnel can wash approximately 70 cars per hour. By properly adjusting the equipment and adding staff it may be possible to slightly exceed this "rule of thumb' but it is clear that the site is too small and the tunnel is too short to handle the projected business. The turn into the tunnel is too sharp and will require excess maneuvering to get the vehicle properly lined up with the tunnel conveyor, particularly with vehicles like a Ford Explorer. 5. The Express Car Wash customer stays in their vehicle and rides through the tunnel while the car is being washed. Sometimes a customer will accidently hit the gas and shoot out of the end of the tunnel. This has happened about once a year in the Buena Park WildWater Express Car Wash. In 2009 this has happened twice. The first time the customer knocked over a block wall. The second time a customer flattened a tree which was replaced. The third time the replaced tree was knocked over and several parked cars were hit. The last incident occurred on October 11, 2009. Fortunately no one was injured in these incidents. It is not a question of "if" this will happen at Warner and Newland but "when". At this site, when the customer accidently hits the gas,the car will be propelled right into traffic on Warner. Photos of the March 11, 2008 and of the October 11, 2009 incidents are attached in Tab 6 and 7. 6. Attached as Tab 8 are a number of pictures taken Saturday, September 19, 2009,at Mr. Hwang's other Express Car Wash location in Long Beach on the corner of Santa Fe and Willow. They show a dirty congested business that is littered and overflowing onto a public alley in order for the customers to enter the carwash tunnel. The photos show dirty banners that have obviously been up for many months. The photos show bent and rusted signs. The corner sign is unsightly with the letters peeling off. Mr. Hwang's historical performance in managing his property and business is a clear indicator of his future performance in Huntington Beach. This is definitely not the type of business that the City of Huntington Beach would want on this or any other intersection. 7. The new owners of the property at 8472 Tamaru Drive, Huntington Beach 92647 (on the north property line) are Vietnamese and just closed escrow on the property in May. I doubt that they were notified of the Notice of Public Hearing before the Zoning Administrator and possibly did not understand the notice if they were. 8. Finally, Under Chapter 241.10 of the Huntington Beach Zoning and Subdivision Ordinance the Zoning Administrator must(mandatory)make the following findings.- A. That the establishment, maintenance and operation of the use will not be detrimental to the general welfare of persons working or residing in the vicinity nor detrimental to the value of the property and improvements in the neighborhood_ This project would be detrimental to the persons residing in the neighborhood because of traffic and noise created by the operation of the car wash and accidents caused by car wash customers shooting out onto Warner. It would also be detrimental to the value of the adjacent apartment buildings for the reasons mentioned above. If the gas station has been closed for any significant time, then there will be an increase in traffic, traffic circulation and congestion in this vicinity_ ,&TTACHM �� i, -114 0. i o.3 Item 7. - Page 220 -600- B. Under Chapter 241.10 (C) if the City cannot make all of the findings required by 241.10 (A) then the application must be denied. Given the photos of his other express car wash; there is a significant probability that the applicant will not maintain the site and business to the standards required by the City Arly, nnepohl President Pepper Tree, Inc. 595 W. 7"'St., Suite 202 San Pedro, CA 90731 310-831-1043 Attachments: Tab 1 Noise Study Analysis by Steve Park PhD Tab 2 Photos of Adjacent Property Apartment Windows Overlooking the Site Tab 3 Capture Rate Explanation Tab 4 Buena Park WildWater Express Car Wash Site Plan Tab 4 Buena Park WildWater Express Car Wash Photo Tab 5 Buena Park WildWater Express Daily Car Count for 2007 and 2008 Tab 6 Photos of Run-Away Car Damage Tab 7 Photos of Run-Away Car Damage Tab 8 Photos of Applicants Long Beach Site ATTACHMEN 1- Ni -601- Item 7. - Page 221 Problems with the noise analysis conducted by flans Giroux at Giroux & Associates They presented the noise analysis mainly in terms of CNEL (Community Noise Equivalent Level) in the following way as also described in their report: CNEL= 5 dB +evening sound level (7pm— IOpm) = 10 dB + night (1 Opm —7am) Exterior noise standards are: Zone I (Residential Properties) 55 dB 7 am-10 pm 50 dB 10 pm-7 am Zone 2 (Prof. Office/Pub. Institutions) 55 dB Any time Zone 3 (Commercial Properties) 60 dB Any time Zone 4 (Industrial Properties) 70 dB Any time In the event the alleged offensive noise consists entirely of impact noise, simple tone noise, speech, music, or any combination thereof, each of the above noise levels shall be reduced by 5 dB. The Warner-Newland proposed express car wash may well have all of these or more than one of these everyday. Any car wash (either full service or express carwash) facility generally has these offensive noise events almost everyday. Therefore, the corrected Zone 1 (residential area) noise standards will be 45-50 dB depending of the time of the day(See the table above)- * CNEL calculation for two 24 hour time period (total of 48 hour data) was obtained and computed between 6/13 — 6/15 which were Saturday and Sunday. These do not represent correct ambient noise level for the area. The background noise by much more traffic during weekdays will definitely increase the noise level far more. * Meter I and meter 2 locations were selected away from the Warner & Newland Street intersection where the least traffic occurred. This also misleads the ambient noise level in the allowed level. Both the selection of the location as well as the measurement of the weekend days will produce far less ambient noise level. Also from the both meter I and (more severely on) meter 2, Monday morning has at about 2 dB higher noise than Sunday morning. Therefore, more accurate average should include the car wash business hours during weekdays. * More interestingly, the site operational noise was measured and analyzed on 1/16/2007. It was one of the coldest and slowest business days of the year according to the existing car wash owner's diary record. The business was less than half of the normal business during same month of January which also is the one of the slowest because of the rainy season. The choice of the site operational noise calculation date was biased. As shown above, the CNEL measurement date selection, noise meter locations, and the operational noise measurement from previously operated express car wash activities were chosen ATTACHMENT N0 fo S Item 7. - Page 222 -602- in the manner where they can obtain the data to support their proposal. If we correctly collect data for weekdays, more various meter locations, and compare and add the operational noise measurement at peak business day (not the slowest business day), we will obtain much different data that will more likely Iead to noise levels far above the city code guidelines. The proposed car wash development site is very close to the residential area. According to the noise level measurement criteria (Huntington Beach Municipal Code 8.40.040) the noise level measurements should be performed in accordance with procedural rules and regulations of the Orange County Health Department (2379-7/79). Therefore, the interior noise standards from the residential property either actual or simulated as well as exterior noise levels outside residential property should be correctly prepared and presented for unbiased dates and season (for example busy weekday during summer). According to the HB city code 8.40.060 (Exterior Noise Levels Prohibited), it shall be unlawful for any person at any location within the HB city to create any noise, or to allow the creation of any noise on property owned, leased, occupied, or otherwise controlled by such person, which causes the noise level when measured on any residential, public institutional, professional, commercial or industrial property, either within or without the City, to exceed the applicable noise standards: a) For a cumulative period of more than thirty(30) minutes in any hour; b) Plus 5 db(A)for a cumulative period of more than fifteen (15) minutes in any hour; c) Plus 10 db(A) for a cumulative period of more than five(5) minutes in any hour; d) Plus 15 db(A) for a cumulative period of more than one (1)minute in any hour; or e) Plus 20 db(A) for any period time. In the car wash business, often times there will be sirens, car alarms (either original car equipped or 3id party equipments) will produce loud annoying sound that will increase noise level significantly and more than 5 minutes and sometimes more than 15 minutes in many cases. This is very normal in many car washes and not a rare event at all. According to the above city code prohibition,this will be very problematic, too. For the similar sense, according to the HB city code 8.40.080 (Interior levels of noise prohibited) it shall be unlawful for any person at any location within the HB city to create any noise, or to allow the creation of any noise on property owned, leased, occupied, or otherwise controlled by such person, which causes the noise level when measured within any other structure on any residential, public institutional, professional, commercial or industrial property to exceed; a) The noise standard for a cumulative period of more than five minutes in any hour; b) The noise standards plus 5 db(A) for a cumulative period of more than one (1) minute in any hour; or c) The noise standard plus 10 db(A) for any period of time. Each of the noise limits specified above shall be reduced by 5 db(A) for impact or predominant tone noises, or for noises consisting of speech or music. AT TACHMENT -603- Item 7. - Page 223 Many customers to the Express Car Wash site listen to loud music from their CD, radio, and sometimes with significant base sound from their equipped woofer systems. The false alarm sound, the malfunction of their horn sound would create the noises discussed and categorized above. City code 8.40.111 (Prohibited noises) also include, but not be limited to many items (3216- 12/93). One of those items was; 8.40.111 (e) The proximity of the noise to residential sleeping facilities; (3216-12/93). Finally the HB City Code 8.40.112 (Loud noises) states that it shall be unlawful for any person to: (a) Use, operate, or permit to be operated any radio, receiving set or device, television set, musical instrument,phonograph, CD,:DVD, tape player,juke box, or other machine or device for producing or reproducing sound in such a manner as to disturb the peace, quite, and comfort of other person. (3514-12/01) Unlike other businesses, Express Car Wash is operated without much attention from the business staffs. All vacuum cleanings and wiping are done by each customer, who may well violate above code resulting public discomfort and annoyance. Attached are the articles showing recent reject from the city staffs for car wash proposal in Southern California. The main issues were traffic circulations as well as noise levels. Please read these articles for your review. Thank you for your considerations, Sincerely, Steve S. Park,Ph.D. President Former Scientist and Faculty Lawrence Berkeley National Laboratory& University of California, Berkeley, CA 92720 _ATTACHMENT NO. Item 7. - Page 224 -604- Complaints prompt Escondido, Calif., council to reject car wash complex By David Garrick North County Times, Escondido,Calif. Publication:North County Times(Escondido,California) Date: Friday, March 6 2009 Mar. 6--ESCONDIDO--A group of south Escondido residents has persuaded the City Council to reject plans to build a car wash, tube shop and restaurant on a large empty lot in their middle-class neighborhood. Council members,who made their decision after a two-hour public hearing Wednesday night, said the project would be too noisy, too intense and too close to the 57-home New Tradition subdivision. But council members said the decision was made extremely difficult by the enormous amount of time and money the developer had spent reworking the project multiple times over the past five years, and by their desire to improve Escondido's reputation as a"business-friendly"city. Council members said they might eventually approve the project if the developer replaces the car wash with offices or something else that would be less noisy and intense. They also said they might approve the project if it was redesigned to place the car wash farther away from nine homes that directly border the site.The 1.34-acre empty lot is at the northwest corner of Centre City Parkway and Brotherton Road. Kimber Allison,the leader of an aggressive neighborhood opposition campaign that has included petitions and colorful banners, said Thursday that her group was pleased by the council's decision, but still a bit frustrated. "We expected the council to give the developer a definitive answer,"said Allison. "This ambiguous answer allows the man to think he might still get his car wash.And it leaves the whole neighborhood in limbo_" Bill Fishbeck, the attorney for developer Munther Ghazal, did not return phone calls Thursday seeking an update on Ghazal's intentions. The 10 residents who spoke against the project Wednesday stressed that they understood the empty lot was zoned commercial and would someday be developed. ATTACHiP,' NIT NOjQ_,g _ -605- Item 7. - Page 225 "We expect that lot to be developed, but we want it to be done responsibly,"said Rex Little, suggesting that offices or specialty shops would be more appropriate than the current proposal. Kjerstie Bourne said the car wash complex would dramatically increase traffic and endanger local children, because the neighborhood would become a "cut-through"for motorists. Roger Fannin predicted the restaurant would have failed because many other eateries in the area have done so. But the project's architect, Ed McArdle,and a noise consultant, Doug ller, disputed many of the neighbors' claims and asserted that virtually all of the impacts on the neighborhood had been adequately mitigated. Fishbeck,the developer's attorney, said the developer had spent nearly$250,000 reworking the design. "What he has developed is a really nice project, and he wants to bring business to this part of Escondido," said Fishbeck_ Councilwoman Olga Diaz said her reluctance to turn away business made Wednesday's decision her toughest since joining the council in December. But Diaz said the impact on the neighborhood was just too extreme. The Planning Commission offered similar sentiments when it rejected the project 6-1 in January, and city staff have consistently recommended the project be rejected. Councilman Dick Daniels and Councilwoman Marie Waldron offered similar sentiments on Wednesday, but Councilman Sam Abed and Mayor Lori Holt Pfeiler were more positive. Pfeiler said she thought the mitigation measures made the car wash an acceptable option,and Abed said he could support the car wash if it were relocated on the Centre City Parkway portion of the site. Abed said he sympathized with the residents, but that it was also difficult to reject an $8 million project that had been beautifully designed. And Abed suggested the residents might end up with a project that would impact their neighborhood even more. ATTA M I ,1 Item 7. - Page 226 -606- DANA POINT - Carwash Proposal Rejected by Council ByJULIE FATE SULLIVAN1Ju1y 27,1995 Plans for the first full-service carwash in the city have been rejected. The City Council on Tuesday opposed the project after some residents complained that the enterprise would increase area noise,traffic and vehicle exhaust. The carwash was proposed for a site near Town Center on Pacific Coast Highway, between Alcazar and Malaga drives,a residential area. "This project is inappropriate,"resident Susan Hunn told the council before a packed audience. "It is a noisy, smelly,intrusive auto-oriented business. It will make life miserable for all in the community." Supporters of the carwash maintained that the project would bring much-needed revenue to the city. "I spend $2o a month in San Clemente or Laguna to get my car washed,"said resident Marchia Morey. "I'd rather spend that money here and create jobs for our youth." Mel Shapiro of Costa Mesa had applied twice to the Planning Commission for a coastal development permit to construct the 7,954-square-foot carwash, complete with a carwash tunnel,gasoline pumps, retail space,an office and lobby. The commission denied Shapiro's applications,saying the carwash would have a negative impact on nearby residents. Shapiro then appealed the decision to the council, which unanimously voted to deny the appeal. "The project that's proposed is a very nice-looking project,"said Councilman Harold R. Kaufman. "what I don't like is where it's being proposed to be built." 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Wd'�xfX'• '.,'Y',.:. ■ � � A Fl '{!�f.Y•a• 3,; '7}.dh., 1 ;, f.1 Y,y'�'� Ks iSn":.�SA•(i � ; �; , � to West of the Site P:.-,;:, .W•, Apartment Windows M,. 01 err.^�;:{ ' ^.HAY;"��n .r:?'.•;+r',,id'gP"N'' p b� '(" .`y'fly" , £i(�yf �;.c�:,':;,:•;).' �, �' .1`" ������ � .;na= x �'��� :�:��,',°:�°"• ,a- �� �:�� �. �� ��� Existingwalls will helpblock the noise yT.;�.�'tY;.:,•,.�4vk�.a•. xx�; T..,' yy ,,.W.�" "• w4'��s:,d::.r,,:.'�es-:,;�.yy'�• •:fi 1' .3 ,YN.%%''.,fi'!A""• •(Fy;,13`d" KS.RrS•','."' �"4�1:.F'. !'�, ; :., � ;.+;:" - s - `4::Y '�?r,.„3 '`y. e�S.t E4}5,+� y,y✓lv.rvrr; ;w I77117.:ai:; ;' :a'. .',f,5rs .,+Mk�' ;;:• r:_: �.•..,.�; � 'Ii of be sufficient q�j�yF. •,�., ��}"',,.- ' '"�'�.� ���'.',t'�,`h,�✓,.: ''t ., `�'��`' ;:.�'iv«�:wf i >,`^, F. , but will n ';ry�,�'KI•xr,:a{N,;''� .°jW�„,�,: +�, ,�., >�;,',•": tmt� r ��,,; ''�.wW, r.,� �, � 't.`�"t":��,. :"�u4-:i:. '^''�?!l,a�.<it%�.Atl•' �"'�,.kvj •y.,� M?s• 'ti'" t !'Ys ;aS,, pl„ y^� ��' YW. ..;��,cqq...II11�� iSRitl Express Car Wash Car Count Projection There are several ways to estimate daily car count Method 1 The most common way is to use the industry"Capture Rate". For Exterior Only Carwashes this has averaged from a low of.45 to a high of.76. Source: Professional Carwashing&Detailing Magazine, July 2002 Benchmarking Report. Using an average of the three highest years yields a capture rate of.71 55,000 x .0071 =390 Using a 27 day month to allow for weather closures equals 10,543 cars/month Method 2 The average annual wash volume for an Exterior-Only Express Carwash in 2001 was 55,000 cars. The average daily traffic past these washes was 19,060. Source: Professional Carvvashing and Detailing Magazine, July 2002 Benchmarking Report. The capture rate is .83 The corner of Warner and Newland has 55,000 cars/day which works out to a wash volume of 456 cars/day. Method 3 Comparison: The average wash volume of the WildWater Express Car Wash at the intersection of Knott and La Palma in Buena Park for 2007 & 2008 was 444 cars/day. The traffic count on that intersection is 55,000 cars/day which is the same as Warner and Newland. Conclusion: When mature we can reasonably expect the applicant's location to wash in the range of 390 to 456 cars per day. The Buena Park location is similar and has had many days with a car count at 800 and a few traffic spikes at 1000 cars. ATTACHMENT NO. Item 7. - Page 230 -610- Does this projection seem high? assure you that it is not® The following pages show the ACTUAL VOLUME produced by The El Segundo S Minute Express Exterior Tunnel Carwash located at 125 North Sepulveda Blvd., El Segundo, CA 90245 ATTACHMENT N . -611- Item 7. - Page 231 El Segundo 5 Minute Express Exterior Tunnel Carwash 125 North Sepulveda Blvd El Segundo, CA 90245 ACTUAL VOLUME PRODUCED BY THIS FACILITY NOTE: Vehicles Washed by Month during Ramp-up Period Beginning May 2006 and beyond while marketing the service using a small, onsite, street-facing sign simply reading "$5 —5 min -• Free Vacuum" Month # Cars Washed Avg Ticket Capture Rate Comment VS. 60,000 Traffic Count #1 Ma '06 7,423 $6.24 0.41% #2 June 12,291 N/A 0.68% #3 July 16,931 N/A 0.94% #4 August 17,338 N/A 0.96% #5 September 20,545 N/A 1.14% #6 October 21,507 N/A 1.19% #7 November 21,601 N/A 1.20% #8 December 21,699 N/A 1.20% - #9 Janua '07 20,462 $6.49 1.13% Rain #10 February 15,312 N/A 0.85% Rain #11 March 27,501 N/A 1.52% #12 ril 28,095 N/A 1.56% #13 May 27,965 N/A 1.55% #14 June 29,401 $6.60 1.63% #15 July 29,533 NIA 1.64% #16 August 30,112 N/A 1.67% #17 September 26,031 N/A 1.44% #18 October 27,200 N/A 1.51% #19 November 26,275 N/A 1.45% #20 December 17,090 $6.73 0.94% Rain #21 Janua '08 12,891 $6.48 0.71% Rain #22 February 18,820 $6.74 1.04% Rain #23 March 34,457 $6.52 1.91% #24 Aril 30,696 $6.48 1.70% #25 May 35,968 $6.61 1.99% #26 June 31,534 $6.60 1.75% #27 July 31,491 $6.59 1.75% #28 August 33,376 $6.58 1.85% #29 September 31,982 $6.57 1.77% #30 October 33,481 $6.51 1.86% 1 ATTACHMENT Item 7. - Page 232 -612- Estimated Cash Flows Experienced at this i✓aci0ity • Average Ticket Price gradually increased from$6.24 in May '06 to $6.49 in January '07 and to $6.60 in June 2007 • "Seasoned Volume" of Cars Washed was 21,000 without an advertising campaign (1.16% capture rate vs. 60,000 traffic count) e 21,000 cars x$6.49 = $135,000 gross revenue monthly • Expenses ran approx. 40% or$54,000 before occupancy costs and debt service (15% labor including night crew that deans up; 15% utilities; 6% chemicals; and 3% tel /advertising) • Cash Flow before occupancy costs &debt service was $81,000 monthly at the 21,000 cars/$6.49 average ticket level achieved in months #6, #7 &#8 Y Cash Flow before occupancy costs &debt service improved after advertising began in January, 2007. January thru June, the facility washed 150,316 cars for a monthly average of 25,000. At the increased average ticket of$6.60, the average monthly revenues increased to $165,000. Holding fast to the 40% level for operating expenses, cash flow before real estate jumped to $99,000 O June thru September 2007 results seem to reflect the fully "seasoned volume" this facility produces_ Actual results were: # Cars Monthly Average Average Avg June—September washed Average Ticket Revenues Monthly Cash Flow June-Sept before Occupancy Costs Debt Service 115,077 28,769 $6.60 $189,875 $113,925 cars cars (1.59% capture rate NOTE: As of December 4, 2008, the ownership has no plans to charge customers for what has always been "Free Vacuum Service" Source:NS Corp Division Mgr Interviews--jrm_updated.12.04.08 2 ATTACHMENT O._.I!�-j(s -613- Item 7. - Page 233 1V J .V My. O GS COMW FIU AUMORITY NOTES. I OrU ton ARCNIIICTURAt14W W STO Q�n x... w._«�..........�.,... ...aWw.+w..r,..r_....,r. Ln n. ..... .ww ..... ... zb to trot r.. a Lane Entrance Sign Red Curbing Fire� .� N# .."L m a I I+r l < Iv-v r-r re r-v re r•v +re +r-v +r +r•r w w r�7 Y �:t r,. ia�iaxarazcawsa _ .......y .....w ➢�+�w+maimtlen s Lkrotm�t-' a b Z '/ r...w trot+.• R r.rrt• r+ ,.., nv,' Fire Lane Sign Mounting �`. l r•r r-v it-v +r ire •'-r % �^ sk .n y J _lOb. IM -��. � � O {.uC�•rvM rr d Elf a ¢ V O Ln a W q 247 LJ z �a Lo _ A 4 J Ma ra OW I� l KNOTT AVENUE �� (/�'(►/1 / +"' a,w H, w r.ru.n i A-0.3 WILDWATER EXPRESS CAR WASH-BUENA PARK CAR WASHED MAY-SEP 2007-_T ---- -- --- -- VAS. . - CAR CAR CAR CAR CAR DAY DATE COUNT DAY DATE COUNT DAY DATE ((COUNT DAY DATE COUNT DAY DATE COUNT T_ 05/01/07 236 F 06/01/07 446 Su_ 07/01/07 743: W 08/01/07 -364 S - 09/01/07 930- - W 05/02/07 275 S 06/02/07 726 M 07/02/07 513 Th 08/02/07 414 Su 09/02/07 _ 603 _ Th 05/03/07 334 Su 06/03/07 673 T 07/03/07 520 F 08/03/07 597 M 09/03/07 625 F _05/04/07 407 M 06/04/07 466 W 07/04/07 439 S 08/04/07_ 738 T 09/04/07 564 _ S_- 05/05/07 731 T _06/05/07 .285 Th 07/05/07 472 Su - 08/05/07 -_ 679 _ _W_ 09/05/07 467__ Su 05/06/07 743 W 06/06/07 488 F 07/06/07 544 M 08/06/07 393 Th 09/06/07 -414 - M - 05/07/07 507 Th 06/07/07 525 S 07/07/07 408 T 08/07/07 406 F 09/07/07 621 T 05/08/07 444 F 06/08/07 681 Su 07/08/07 739 W 08/08/07 443 S 09/08/07 844 W _ 05/09/07 430 S 06/09/07 883 M 07/09/07 433 Th 08/09/07 474 Su 09/09/07 720 Th 05/10/07 433 Su 06/10/07 735 T 07/10/07 302 F 08/10/07 $86 M _09/10/07 452 F_ 05/11/07 664 M 06/11/07 470 W 07/11/07 424 S 08/11/07 778 T 09/11/07 432 S_ 05/12/07 756 T 06/12/07 430 Th 07/12/07 484 Su 08/12/07 628 W 09/12/07 80 _ Su 05/13/07 667 W 06/13/07 457 F 07/13/07 705 M 08/13/07 475 _ Th 09/13/07 452 M 05/14/07 390 Th- 06/14/07 488 S 07/14/07 782 T 08/14/07 400 F 09/14/07 670- T_ 05/15/07 333 F 06/15/07 656 Su 07/15/07 671 W 08/15/07 400 S 09/15/07 859 ° W 05/16/07 312 S 06/16/07- 828 M 07/16/07 426 Th 08/16/07 434 Su 09/16/07 831 Th 05/17/07 352 Su 06/17/07 760 T 07/17/07 401 F 08/17/07 650 M 09/17/07 218 F 05/18/07 487 M 06/18/07- 482 W 07/18/07 385 S 08/18/07 799 T _ 09/18/07 356 _ S_ 05/19/07 734 T 06/19/07- 444 Th 07/19/07 606 Su - 08/19/07 662 W 09/19/07 243 Su 05/20/07 560 W 06/20/07 472 F 07/20/07 647 M _ 08/20/07 _ 511 Th 09/20/07 360_ M 05/21/07- 287 Th 06/21/07 495 S- 07/21/07 814 T 08/21/07 451 F - 09/21/07 442- T _ _05/22/07 385 F 06/22/07- 677 Su 07/22/07 612 W _08/22/07 __$94 S _ 09/22/07 _ 90 __ W-_ 05/23/07 474 S - 06/23/07 844- M 07/23/07 641 Th 08/23/07 - 421 Su 09/23/07 _412 Th - 05/24/07 569 Su 06/24/07 673 T 07/24/07 608 F- 08/24/07 550-- M- 09/24/07 256 - F-- 05/25/07 714 M 06/25/07 505 W 07/26/07 557 S _08/25/07 703 T - 09/25/07 _ 270 - S 05/26/07 789 T 06/26/07 416 Th 07/26/07 631 Su 08/26/07 - 596 W 09/26/07 - 260 - m Su_ 05/27/07_ 564 W 06/27/07 425 F 0_7/27/07_ 718 M_ 08/27/07 _566 Th 09/27/07_ 2_46 M _ 05/28/07 _650 Th 06/28/07_ _ 453 S 07/28/07 836 T 08/28/0_7 -__507 F_ 09/28/07_ -T 216 T _ 05/29/07 423 F 06/29/07 665 Su 07/29/07 724 W 08/29/_07_ _ 437 S _ _09/29/07 5_68 W 05/30/07 412 S 06/30/07 787 M 07/30/07 433 Th 08/30/07 - 752- Su 09/30/07 588 Th 05/31/07 383 T 07/31/07 358 F 08/31/07 871 n -- -- -- -- -- -_- --- - - ------- ° TOTAL 15,445 TOTAL 17,335 TOTAL. 17,478 TOTAL 17,079 TOTAL 14,089 W tJfl fD -4 WILDWATER EXPRESS CAR WASH-BUENA PARK T CAR WASHED MAY-SEP 2008 (D CAR CAR CAR CAR CAR ..DA-Y----DATE COUNT DAY DATE COUNT DAY DATE COUNT DAY DATE COUNT DAY DATE COUNT Th 05/01/08 442 Su 06/01/08 714 T 07/01/08 507 F 08/01/08 572 m 09/01/08 608 F 05/02/08 672 m 06/02/08 431 w 07/02/08 457 s 08/02/08 726 T_ 09/02/08 463 C 0 4 6— A U 4 7 R N 2 S 05/03/08 884 T 06/03/08 309 Th 07/03/08 576 Su— 08/03/08 619 F w 09/03/08 ___443 Su 05/04/08 632 w 06/04/08 204 F 7/04/08 453 m 08/04/08 448 Th 09/04/08 .-410--.- m— 05/05/08 334 Th 06/05/08 424 s 07/05/08 629 T 08/05/08 368 F 09/05/08 601 T 05/06/08 231 F 06/06/08 667 Su 07/06/08 667 w 08/06/08 410 s 09/06/08 735 w 05/07/08 277 s 06/07/08 763 m 07/07/08 518 Th 08107/08 436 Su 09/07/08 697 Th 05/08/08 — 515 Su 06/08/08 679 T 07/08/08 372 F 08/08/08 555 m 09/08/08 449... F 05/09/08 573 M 06/09/08 427 w 07/09/08 330 s 08/09/08 706 T 09/09/08 395 s 05/10/08 853 T 06/10/08 338 Th 07/10/08 430 Su 08/10/08 699 w 09/10/08 327 Su 05/11/08 670 w 06/11/08 350 F 07/11/08 471- m 08/11/08 446 Th 09/11/08 318 m 05/12/08 174 ITh 06/12/08 391 S 07/12/08 681 T 08/12/08 375 F 09/12/08 382 T 05/13/08 694 F 06/13/08 628 Su 07/13/08 752 w 08/13/08 337 s 09/13/08 667 W 05/14/08_ 654 s 06/14/08 805 m 07/14/08 560 Th 08/14/08 381 Su 09/14/08 —.604— Th 05/15/08 588 Su 06/15/08 654 T 07/15/08 469 F 08/15/08 568 m 09/15/08 446 F 05/16/08 848 M 06/16/08 525 W 36 s 08/16/08 699 T 09/16/08 400 S 05/17/08 T 06/17/08 483 Th 32 Su 08/17/08 649 w 09/17/08 Su 05/18/08 :'��862 w 06/18/08 403 F 07/18/08 531 m 08/18/08 426 Th 09/18/08 436 m 65/19/08 570 Th 06/19/08 508 s 07/19/08 661 T 08/19/08 389 F 09/19/08 677 ----- ------- T 05/20/08 398 F 06/20/08 662 Su 07/20/08 614 w 08/20/08 367 s 09/20/08 891 w 05/21/08 405 s 06/21/08 812 m 07/21/08 503 Th 08/21/08 416 Su 09/21/08 703 Th 05/22/08 257 Su 06/22/08 699 T 07/22/08 412 F 08/22/08 548 m 09/22J08 406 05/23/08 144 m 06/23/08 514. w__ 07/23/08 396 s 08/23/08 712 T 09/23/08 396 s 05/24/08 586 T 06/24/08 393 Th 07/24/08 431 Su 08/24/08 663 w 09/24/08 402 Su 05/25/08 491 w 06/25/08 375 F 07/25/08 593 m 08/25/08 435 Th 09/25/08 472 m M 05/26/08 632 Th 06/26/08 359 s 07/26/08 739 T 08/26/08 361 F 09/26/08 581--- T 05/27/08 737 F 06/27/08 511 Su 07/27/08 590 w 08/27/08 376 s 09/27/08 803 W 05/28/08 606 s 06/28/08 741 M 07/28/08 388 Th 08/28/08 411 Su 09/28/08 644 ..—. rt Th 05/29/08 505 Su 06/29/08 626 T 07/29/08 300 F 08/29/08 667 m 09/29/08 389 F — 05./30/08. 707 m 06/30/08 512 w 07/30/08 352 s 08/30/08 635 T 09/30/08 568 s 05/31/08 803 Th 07/31/08 292 Su 08/31/08 523 TOTAL OT TOTAL 16,823 TOTAL 15,607 17,744 TOTAL 16,907 TOTAL 16.54 4 , r + i 4 T .. 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Za �n orb +,90. 1 ye P.. may^ i _ �+D �yeryT � 1 .ien ; �a 1 t �I �y, r rgr o! y r �l A�.��/4� 1�e e t �� 7 I/rS�'r + ,r�,L 1 g• • • • -+• • • • • vferk`•Its IF r ;, r'i"�i 7yr a i±,."t l f ro �'!.. { J s 'P ds�r {{ •I t F�, t 1 y 01 • • • • • �}i - r fa � ark { �I ,f°''° l .� y : 1# fJ4; 1 x .. + s m u 1�4v: 1 rS a•�'"y ' 'r,. � Here are a number of photos taken on Saturday, September 19, 2009 at the Tommy's Express Car Wash belonging to the applicant which is located in Long Beach on the NEC of Santa Fe and Willow. As you can clearly see the wash is rundown, dirty and poorly operated. The corner sign has not been maintained and has letters peeling off. Trash litters the lot. Signs mounted on orange poles direct customers into the public alley in order to enter the tunnel. Signs are bent and rusted. ®Id dirty banners are on the side of the building. The clutter of signs and junk at the exit of the tunnel is truly amazing. Mr. Hwang's current performance in managing his Long Beach carwash is a clear indicator of his future performance in Huntington Beach. The fine City of Huntington Beach would not want this mess on any intersection in the city. ATTACHMENT N ,_tn_-Z--i Item 7. - Page 244 -624- a^+ �,y'41lRraLS .1 .,;lt'•,�'',?'+;'�'tl'Y if,��''���',.J;:ti';i�. 4 a. �,, �wa�ai',';�a ntiu„ ,qyGd.. ' ' r., '•1vi=':h '�P,:.;�",r,ryga:�r 'r. 7`�.= '''"' ..A' -� ,,�y't:,,.irn:, i 'd'{,.' FrY-•',a..P�'Pfi �~'�'����•F�' q^" l. e�-. ,e'Y'c r L <,\ ' y ^ti r '�v^qm'.p+i"�+'.' „� ?? t\r 'pz•,�„=;t,a fX, 7r J i `� �} f��t� r ���� ,�.✓.ri i�"X-" \ i fir.:'•" : F {- S ;t, "J' aty" �� "a§' �� ,a °�, p, �l^•1",rF i y�� ..y;„+yl y�av,';s`i�\y h.,. J 1 fi1S4i :e T 1X'f S^I'' t`• ,,�:.i',t, ; ., .,, y ^n. .�'•' '? ;>k``i-'i4 i:�'kk�,,C;�. '' �sri'•ri;i:!'-- .•�.�?�>4 ,a,.;�::.r'�:i?.r, t':�:;�,-.•r..'„ ."f.;' „}i d, '`,/�:. 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I�t�•n ':4� �, ;a1.. .; _ fP'y .'':;.. -sa.`m""_ _...,+ '' � _ .`?�✓'..,.. rs 9:��{'f:, 't A: ,. ntr,$.':. see �.• y: ri a rf{•»r .,�k + v, t �sq+ .�bu`:k's�s r7,dt� +��'�� t,i.. .. � .. .., ,., N.�h 6e%"� f' i ,"• ro nhkdY'�WFh.^ r - K '� y �, E °f.➢a ,y �� r an�sp � g s .. - k' x w � Y ixlfkc'dYJ.hx➢n�1k r+qt-.e...1a �'antfer'' a„ n„te,k _ _ ��' ,., �' � _ Imo" � � •+ ,• r Problem of noise analysis conducted by Hans Giroux at Giroux & Associates They presented the noise analysis mainly in terms of CNEL (Comm Equivalent Level) in the following way as also described in their a CNEL=5 dB + evening sound level (7pm— 1Opm) 1 2�a9 = 10 dB + night(I Opm—7am) Q NA fit I gto Exterior noise standards are: Zone 1 (Residential Properties) 55 dB 7 am-10 pm 50 dB 10 pm-7 am Zone Z 1 (Prof Office/Pub. Institutions) 55 dB Any time Zone 3 (Commercial Properties) 60 dB Any time Zone 4 (Industrial Properties) 70 dB Any time In the event the alleged offensive noise consists entirely of impact noise, simple tone noise, speech, music, or any combination thereof, each of the above noise level shall be reduced by 5 dB. The Warner-Newland proposed express car wash may well have all of these or more than one of these everyday. Any car wash (either full service or express carwash) facility generally has these offensive noise events almost everyday_ Therefore, the corrected Zone 1 (residential area) noise standards will be 45-50 dB depending of the time of the day(See the table above). * CNEL, calculation for two 24 hour time period (total of 48 hour data) was obtained and computed between 6/13 — 6/15 which were Saturday and Sunday. These do not represent correct ambient noise level for the area. The background noise by much more traffic during weekdays will definitely increase the noise level far more. * Meter 1 and meter 2 locations were selected away from the Warner & Newland Street intersection where the least traffic occurred. This also misleads the ambient noise level in the allowed level. Both the selection of the location as well as the measurement of the weekend days will produce far less ambient noise level. Also from the both meter 1 and (more severely on) meter 2, Monday morning has at about 2 dB higher noise than Sunday morning. Therefore, more accurate average should include the car wash business hours during weekdays. * More interestingly, the site operational noise was measured and analyzed on 1/16/2007. It was one of the coldest and slowest business days of the year according to the existing car wash owner's diary record. The business was less than half of the normal business during same month of January which also is the one of the slowest rainy season. The choice of the site operational noise calculation date was biased. The analysis ironically argued that they included al contribution from ancillary Item 7. e Page 256 -636- ATTACHMENT N .1a-3ci activities (cars starting/stopping, employees whistling to get other employees' attention, door slamming and vacuum operation). Our car wash operation data (Warner & Magnolia Car Wash) showed that the selected date was one of the slowest business days of the year. The selected date in their analysis didn't have enough of additional noise they claimed to include.Therefore, they should have used summer date (the busiest business days, May—August) to show that their project is within the city limit noise level. Unfortunately this didn't happen in their study. As shown above, the CNEL measurement date selection, noise meter locations, and the operational noise measurement from previously operated express car wash activities were chosen in the manner where they can obtain the data to support their proposal. If we correctly collect data for weekdays, more various meter locations, and compare and add the operational noise measurement at peak business day (not slowest business day), we will obtain much different data that more likely lead noise level far above the city code guidelines. The proposed car wash development site is relatively very close to the residential area. According to the noise level measurement criteria (Huntington Beach Municipal Code 8.40.040) The noise level measurements should be performed in accordance with procedural rules and regulations of the Orange County Health Department (2379-7/79). Therefore, the interior noise standards from the residential property either actual or simulated as well as exterior noise levels outside residential property should be correctly prepared and presented for unbiased dates and season (for example busy weekday during summer). According to the HB city code 8.40.060 (Exterior Noise Levels Prohibited), it shall be unlawful for any person at any location within the HB city to create any noise, or to allow the creation of any noise on property owned, leased, occupied, or otherwise controlled by such person, which causes the noise level when measured on any residential, public institutional, professional, commercial or industrial property, either within or without the City, to exceed the applicable noise standards: a) For a cumulative period of more than thirty(30) minutes in any hour; b) Plus 5 db(A) for a cumulative period of more than fifteen (15) minutes in any hour; c) Plus 10 db (A) for a cumulative period of more than five (5)minutes in any hour; d) Plus 15 db (A) for a cumulative period of more than one (1) minute in any hour; or e) Plus 20 db (A) for any period time. In the car wash business, often times there will be sirens, car alarms (either original car equipped or 3`d party equipments) will produce loud annoying sound that will increase noise level significantly and more than 5 minutes and sometimes more than 15 minutes in many cases. This is very normal in many car washes and not a rare event at all. According to the above city code prohibition, this will be very problematic, too. ATTACH%11 T O.�o.LA C, -637- Item 7. - Page 257 For the similar sense, according to the HB city code 8.40.080 (Interior levels of noise prohibited) it shall be unlawful for any person at any location within the HB city to create any noise, or to allow the creation of any noise on property owned, leased, occupied, or otherwise controlled by such person, which causes the noise level when measured within any other structure on any residential, public institutional, professional, commercial or industrial property to exceed; a) The noise standard for a cumulative period of more than five minutes in any hour; b) The noise standards plus 5 db(A) for a cumulative period of more than one (1) minute in any hour; or c) The noise standard plus 10 db (A) for any period of time. Each of the noise limits specified above shall be reduced by 5 db (A) for impact or predominant tone noises, or for noises consisting of speech or music. Many customers to the Express Car Wash site sometimes listen to loud music from their CD, radio, and sometimes with significant base sound from their equipped woofer systems. The false alarm sound, the malfunction of their horn sound would create the noises discussed and categorized above. City code 8.40.111 (Prohibited noises) also include, but not be limited to many items (3216-12/93). One of those items was; 8.40.111 (e) The proximity of the noise to residential sleeping facilities; (3216-12/93). Finally the HB City Code 8.40.112 (Loud noises) states that it shall be unlawful for any person to: (a) Use, operate, or permit to be operated any radio, receiving set or device, television set, musical instrument, phonograph, CD, DVD, tape player,juke box, or other machine or device for producing or reproducing sound in such a manner as to disturb the peace, quite, and comfort of other person. (3514-12/01) Unlike other businesses, Express Car Wash is operated without much attention from the business staffs. All vacuum cleanings and wiping are done by each customer, who may well violate above code resulting public discomfort and annoyance. Attached are the articles showing recent reject from the city staffs for car wash proposal in Southern California. The main issues were traffic circulations as well as noise levels. Please read these articles for your review. Item 7. - Page 258 -638- TTACHWE'N' 1�� 1 Thank you for your consideration. Sincerely, Steve S. Park, Ph.D. President Former Scientist and Faculty Lawrence Berkeley National Laboratory& University of California, Berkeley, CA 92720 ATTACHM - �1 NO. iau-z -639- Item 7. - Page 259 For Zoning Administrator Hearing Comments related to Noise Analysis, Prepared by Steve. S. Park, Ph.D. President of Park-Chem. Inc. 9063 Warner Ave. Fountain Valley, CA 92708 1 briefly read the application folder prepared by Thomas Hwang which includes some noise analysis for the possible noise from the proposed express carwash. In my opinion the study may have been conducted without considering all possible combined effect of noise constituents generated from all sorts of equipment, tunnel parts, automobiles moving, and automobiles during the vacuum process.The noise that residents who live adjacent or close to the car wash facility will have much more constituents than just the simple independently and artificially measured and analyzed noise in the study.Worse situation also includes occasional horning between drivers,false car alarm sound, and so on.Also as a car wash owner(we are located perfectly and surrounded all by commercial areas and huge parking with no residential area near by;9063 Warner Ave.Warner Ave. & Magnolia, intersection between Huntington Beach and Fountain Valley) I experience, too many times,the noise from automobile accidents, false car alarm sound, horning between cars, etc. Therefore, the noise study they performed for the installation of the carwash is not sufficient to represent the actual noise the nearby residents will experience. I hope the Zoning Administrator Committee will carefully consider this effect to protect the quality of the local residents in the city of Huntington Beach.Above all, there is already Express Carwash located just block west of proposed site which has been a carwash for many years without disturbing neighbors. (Note) Steve S. Park, Ph.D. is the president of Park-Chem. Inc. Park-Chem. Inc.owns and operates the Fountain Valley Hand Car Wash (it is a full service hand wash). He is also an environmental scientist participating researches in renewable energy and environmental studies. He has worked as a staff scientist and faculty at Lawrence Berkeley National Laboratory and the University of California in Berkeley, California during 1997-2005. He has published numerous scientific articles, governmental reports, and several book chapters.All of his excellent scientific works have been published in renowned journals including Environmental Science &Technology, Proceeding of National Ac e Journal of Physical Chemistry, etc. Following is his contact information. E-mail SPARK@nature.berkeley.edu ailing address: Park-Chem. Inc.,9063 Warner Ave. Fountain Valley, CA 92708. Ti�tN t' 1�?�f f Ptt ft� rt oiS� s� ew i O Gh,W ay tp (Ssc(eS � `f�iq S hPrf-e cal/ /�� Item 7. - Page 260se­d 61t7 rw.- -/ � ., List of Signers who are against the carwash installation at Warner& Newland in Huntington Beach as of 9/22/2009. List of signers who are against the new carwash at Warner & Newland I Name Address Signature '1 OCCt1MFO 1686j t I VIIJ SQ/U Cur p] - f� E i 1 a I �J!— l ! L1CQ 31 Al"ND t if � fi!v k g 4 cad C2y I Prepared by Carlos Cerventes Sy— S CAA I( ATTACHMENT NO. /o•+i -641- Item 7. - Page 261 } a Name Address Signature I ti s t _ Prepared by Carlos Cerventes at ATTACHMENT NO.__,o .t4s Item 7. - Page 262 -642- - Page t of 2 Edwards, Ethan From: Larry Kennepohl[LKennepohl@peppertreeinc.comj Sent: Monday, October 05, 2009 92:07 PM To: Edwards, Ethan Subject: RE: CONDITIONAL USE PERMIT NO 2009-002 (NEWLAND CARWASH) Hi Ethan, I agree that a meeting after the revised plans have been submitted would be better. I would like to hold my comments until after the revised plans have been submitted. Will you please notify me when the revised plans are available for review? I have operated an Express Car Wash in Buena Park since 2005 on the corner of Knott and La Palma. The traffic count on that corner is almost identical to the traffic count on the corner of Warner and Newland. In 2007 and 2008 we had many days were the customer count exceeded 700 cars and a few days where we reached 1000 customers. An Express Car Wash is quite different from the typical Full Service car wash we are all familiar with. In an Express Car Wash the customer stays in the vehicle and rides through the tunnel while the equipment cleans the exterior. The Express Car Wash is usually priced at$5,$7,&$9 with a free vacuum for the customers use. An express Wash is all about volume. A Full Service Car Wash will typically wash 150 to 200 cars per day. A successful Express Car Wash will typically wash an average of 12,000 to 15,000 cars per month with the summer months having the highest volume and Fridays and Saturdays having the highest daily car count. The projected volume is based on the industry"Capture Rate"which I will explain in more detail when we meet. I project that this site will attract more customers than it can possibly handle and the site will be an absolute mess. Three years ago I spent a couple of thousand dollars working with my architect and industry experts trying to fit a successful express wash on a typical 150 x 150 corner lot and could not do it. Regards, Larry Kennepohl From: Edwards, Ethan [mailto:Ethan.Edwards@surfcity-hb.org] Sent: Monday, October 05, 2009 9:19 AM To: Larry Kennepohl Subject: RE: CONDITIONAL USE PERMIT NO 2009-002 (NEWLAND CARWASH) Hello Larry, Thank you for your comments.At this time the applicant is requesting an extension of time to address concerns that have been raised—some of which relate to circulation, noise, and aesthetics. We hope to have revised plans within the next few weeks_ Perhaps it would be better to meet after we all have a chance to review the revised plan_ In the mean time,you are welcome to send me your comments and any photos you would like staff to review. Regards, Ethan Edwards From: Larry Kennepohl [mailto:LKennepohl@peppertreeinc.com] Sent: Monday, October 05, 2009 11:00 AM ATTACHMENT N0.4.QAIS 10/13/2009 -643- Item 7. - Page 263 October 28, 2009 Mr. Ethan Edwards Project Planner Huntington Beach City of Huntington Beach PLANNING DEPT. 2000 Main Street Huntington Beach, CA 92648 Re: CONDITIONAL USE PERMIT NO 2009-002: Applicant Thomas Hwang, 616 Imperial, LLC. Request: To permit the construction of an approximately 2,200 sq ft. express service carwash building and associated site improvements, on a vacant 22,363 sq. ft. lot. Location: 8471 Warner Avenue 92647(northwest comer of Warner Avenue and Newland Street). Project Planner: Ethan Edwards. Dear Mr. Edwards, It was a pleasure to finally meet you yesterday. When we met I pointed out to you that the site plan for the proposed Warner and Newland Express Car Wash had vacuums for every space, including employee parking and the handicap space. Employee parking is not indicated on the plan and in no event is there any reason for a vacuum in any employee or handicap parking space. Given the applicants operational history in his Long Beach store I suspect that he intends to have his employee's park in the residential area so that the spaces can be used by customers, which as you know is not permitted. Removing the vacuums from the employee and handicap spaces leave at most eight spaces for customers use. On very busy days with 700 cars, which is entirely possible in an Express Car Wash, this will result in absolute gridlock as customers jockey for one of the FREE vacuum spaces, customers in one of the spaces are blocked by customers waiting in line to go through the tunnel and customers trying to exit the site are blocked by customers entering the site. This site is entirely too small for an Express Car Wash. Please ask your traffic engineer to consider this and the other information related to customer volume which I handed to you in the 3-ring binder on October 27, 2009. An Express Car Wash is all about low prices and high volume. This is usually achieved by mechanically washing the exterior and minimizing the number of employees. This is a very successful business model but it has to be done correctly. This site plan misses that by a mile. B gards, Darry�nfnepol� President Pepper Tree, Inc. 595 W. 7"'St., Suite 202 San Pedro, CA 90731 Item 7. e Page 264 -644- ATTACHMENT" I'r % NO-to .y� 1 frdty A►fs l��.._ w(O$'.O' 9R"Q PAYm OYyt fLEYMSL Af)PRtss OR OTAMPM RUA PSI CONaRR! FILL Owls 1TW My W44KE COMO F/ORTAA Ru P O0M sllewty OR AAL NARL T e rw ALU'1=of � R Oct oloc CA --�- R1[ PROJECT DATA V a BUtLO1N4 DATA SITE DATA i kv T—>a .`P,G. T1T) ' cOM Mt, Ty"TYPO V-S (Nl AM E O '1 2 ta�PnD+r 66 t� � CCCUFMNCY. b' LOT N. N N p 'ti PAVp�QT PAVtl1D(T arc m abl. ADDR[$s M71 INRNCR AYL (^�� yn aNLT CD tR b/ILDIMWtgAAIFAI Inx' ntMTmCTdv s✓ V t$� ��{\�iR P.c.cmB ,b' OA1N ATIWDUI�LD,- VV M iA1NT Tcuw ' ft NNF4LA d DTLRI[sr �[ u1sRfAy!d'hNR xdIN6.... sUR.DING"AVEfpOTAGt 'ff%` AG 01Te r.. I o• BUILDING MWNTi b sfTR ARIA. .T1fae t e0 fT '�tO ( J fL=R AALA RATIO or armIA,L • svrb-c" FRONT rAW!L— 1 aaDL DATA ._.""— WI9 YA$tQL . \ HMS 1 1 III eft R[Alt YARD. F0 t\.1'l CA \ qQ a'$� ( rGK I O N CM`R[s$CAR �, y ••t A C �M t! V PAV M[Nt Y T-14 MtR6T CC[Y Lq}C DIACiI.G VNIqI D r-x,NANo1GAr tact qqN[. .• J "'— APR W9C KAIfT bIAVTQ7 DITWIe fL y 1 PA361C RIFTR7N �VAC P+cru, Dip 20 1CT A W11 TNRU GAR NAb) LANDSGAP[aATw A .J . PARKI I✓ � M 5mFa7 14MN+6rM RLILN Lis Rlaa e6 Sa[W.be So,FT uun ✓ ppp q1 ) AI KING ,'NALK dFICC ay PL"W.A!KIGTCN Q Vs PRDATA, %M s0 FT M . A I ��•+��,, T•Y I 'O' RRING DATA, (.3 P4N aM[CK AFRICATId PAWJ)4 RtdDl p 10 TaLt7 `lam / �1— ►AARIN6 PROFIMD . J .p y Q .��- VACUUM ALACT RI1 Q f+*•101"� ercL II PUI}P � 1.A` 1 L PARKI9,00 Lu / -a'IffV XKLL � V �[ I OTQIt vtNf[R o Z SITE�rl]AF b vAC U vMs y� TUR 0[ f AYV1 \ ^ WA SGR[tri wAL1 1TO ORA—MOSU O .`.O' MICA PAVER! FL&BA.$A (OPT)PRW CR STA'IPLD PSI RRL MAR t`-dfCfd �y A.A CVRIrY RI fILL JO,N b MRN DRY b c !y TA DTLN!VtN OPOOM PINISOW DR$ALT OAACL w AL OR SILIXNI C.'"Ict SPARKLw.5. 1'-L` $TRACT R 5 ZlkArk $ bu PROPOSED S OP v er°tl.N erroAda ct�R X calm PLOT T x.04 Ilzm PLAN (X) 4�KF It �)c.� of T rplv— /�/� �� SD6 NIS WARNER AVE //\\/\��//�� x Czm= 'k. Why 1[„Ipl_�t sEcriav JOB NO. +AUNT I NGTON BEACH A-1 November 2, 2009 �.� D',1/ Mr. Ricky Ramos Zoning Administrator �� Q 3 2009 City of Huntington Beach 2000 Main Street ton Beach Huntington Beach, CA 92648 Huntington PL.p,NNtNG DEFT. And: Mr. Ethan Edwards Project Planner City of Huntington Beach 2000 Main Street Huntington Beach,CA 92648 Re: CONDITIONAL USE PERMIT NO 2009-002: Applicant Thomas Hwang, 616 Imperial, LLC. Request: To permit the construction of an approximately 2,200 sq. ft. express service carwash building and associated site improvements, on a vacant 22,363 sq.ft. lot. Location: 8471 Warner Avenue 92647(northwest comer of Warner Avenue and Newland Street). Project Planner: Ethan Edwards. Gentlemen, The purpose of this letter is to make you aware of two rather large problems with the proposed project site plan. The first problem is that the proposed plan does not allow a sufficient turning radius for vehicles entering the tunnel. To illustrate the proper alignment 1 pasted a straight vehicle onto the plan. The applicants plan indicates a vehicle entering the tunnel at an angle which if permitted will cause the vehicle to strike the washing equipment causing damage to both the vehicle and to the equipment. The second problem occurs at the exit. The site plan did not show a vehicle so I pasted one onto the plan. (Note that there is only 7'4" between the comer of the building and the interior landscape curb). The problem is that a vehicle may not begin to turn until after it has completely exited the tunnel_ To begin turning prior to exiting the building will cause the vehicle to strike the drying equipment and damage both the vehicle and the equipment. To completely exit the building before turning will cause the vehicle to strike the curb. The solution to both problems is to shorten the tunnel so that there is enough room to enter and exit straight_ This, of course, is not a good solution because it will dramatically decrease the number of cars that can be washed per hour and severely impact the gridlock situation on a busy summer weekend. The site is simply not large enough to accommodate an Express Car Wash. R rds, Larry Inep Presid t Pepper Tree, Inc. 595 W. 7"'St., Suite 202 San Pedro, CA 90731 Item 7. - Page 266 -646- ���� � � �,���� - ?-- ---- � u EAI+Prf[+rr I AIC , AK Ek c!!L PAVrlYNi PwvQp7rf pqT DO f fro 2e1 � a-.a ►-cam jy -PANT TLl1+Ri C � J A.0 PAV[r1EHT VACLIU" O _ /- PARKING PA KING .�'"%LK "T+cE s , � T 1 l i � ti w VAGUtJI i Q iPARKING / 'dtQu MALL j T �� / STOQ vlArm TRfpT DE P w Z crw)ALL 4 11l Toa .vC ` J'r ,jT TMlT DE e•'. tY BRICK PAYERS ftnaw7C Corr)PROW OR 5TA rM m d RL.Ylerry wnr DRT 91e4" ED / frsRr BRO-/ee+YrW AQ--ALT 503A" STONE _ OR 34.KANE CARBIDE!PAR UJW.6. T-a' STerET Iw _ x far(revel .3 y 5 STVAE veerm t ) 5 OP 57R9cs 3oc ,ft4 MM sloe or orNm CtAe CDC Ims (Nl LKM T-24 �. WARNER AVE HUNT1 NGTON BEACHIto _ ---ATTACHMENT N.,(C.so -- -- -647- -- Item 7. - Page 267 o � VO January 26, 2010 ��l Huntington Beach Planning Commission ton t3ea& Chair Blair Farley City of Huntington Beach 2000 Main Street Huntington Beach, Ca. 92648 Subject: Appeal of Zoning Administrator's approval of an Express Service Carwash located at 8471 Warner Ave. (Conditional Use Permit No. 2009-12) Dear Chair Farley and Commissioners: My name is Larry Kennepohl and I have appealed the Zoning Administrator's approval of Conditional Use Permit No. 2009-12. 1 am the owner of Express Car Wash located at Beach Boulevard and Warner Avenue. While the approval of a new car wash facility at Newland Street and Warner Avenue may create some level of competition, my main concern is the idea of allowing the proposed car wash to be built without all of the necessary safeguards, compatibility techniques and quality building materials typically employed in our industry. The selected site will result in a number of concerns which should be addressed. 1. Noise generated by the carwash, vacuum cleaners and radio usage will impact residents living in the adjacent apartments. Recommendations • Require roll-up doors at each end of the car wash, to contain the noise of the machinery during the car wash process. (A condition which has been placed on other Huntington Beach carwashes) • Relocate the vacuums away from the adjacent residential uses. • Post signs prohibiting the use of car radios while on the property. • Require 5 employee parking spaces without vacuums adjacent to the apartments on the western boundary. • Limit hours of operation by requiring closure at dusk. 2. The turning radius for vehicles entering the carwash is inadequate and will not function properly as designed. Recommendations • Reduce the length of the car wash structure by 10' on each end in order to allow vehicles a straight line access for both entering and exiting the facility. • Require the use of an anti-collision devise to prevent vehicles exiting the car wash from hitting vehicles that have stopped at the end. T T AVIE T -_LJ>_- Item 7e - Page 268 -648- 3. Choice of building materials may deteriorate and become a maintenance problem in the near future. Recommendation • Require regular cleaning and maintenance of the on-site improvements. 4. Vehicles exiting the carwash building can crash through a landscaped barrier and end up on the public sidewalk or Warner Avenue. Recommendation ® Require a strong wall, a minimum of 42 inch high with steel reinforcing at the exit of the car wash building, to prevent vehicles from going into the public right-of-way (a condition placed on other auto related facilities). 5. Car wash facilities present unique sustainability and environmental concerns. • Require the use of a Variable Frequency Drive to reduce the drying blower energy consumption • Require the use of a water reclaim or recycling system. These recommendations are intended to make the proposed car wash a more compatible activity for the location. Reducing the car wash size, to address the site maneuvering concerns expressed above, will also result in fewer cars washed during the peak times. The potential for on-site gridlock due to the high number of proposed activities on the site, including, washing, vacuuming, detailing of vehicles along with vehicle queuing before entering the car wash building, will be reduced. I respectfully request the Planning Commission's consideration the adoption of these concerns in the form of additional conditions of approval to alleviate the impacts discussed in this letter. I would like to meet with each member of the Planning Commission prior to the February 9 hearing date to review my concern in greater detail. Sin ely,J 1 Larry e nepoh ATTACHMENT NO,—tou-9 -649- Item 7. a Page 269 Item 7. - Page 270 -650- -651- (tern 7. - Page 271 PC Minutes March 9,2010 DRAFT Page 6 B. PUBLIC HEARING ITEMS B-1. APPEAL OF THE ZONING ADMINISTRATOR'S APPROVAL OF CONDITIONAL USE PERMIT NO. 09-012 (NEWLAND CAR WASH - CONTINUED FROM THE FEBRUARY 9. 2010 MEETING WITH THE PUBLIC HEARING CLOSED) Applicant: Thomas Hwang, 616 Imperial LLC Appellant: Larry Kennepohl Request: CUP: To permit the construction of an approximately 2,336 sq. ft. express service carwash building and associated site improvements, on a 22,363 sq. ft. vacant lot. This request was approved by the Zoning Administrator on November 18, 2009. Location: 8471 Warner Avenue (northwest comer of Warner Avenue and Newland Street). Project Planner r Ethan Edwards STAFF RECOMMENDATION: Motion to "Approve Conditional Use Permit No. 09-012 with findings and suggested conditions of approval (Attachment No.1)." Ethan Edwards, Associate Planner, gave the staff presentation and an overview of the project Mr. Fauland also noted that there is one Late Communication for this item, a letter from Mike Adams and Associates. Commissioner Scandura asked about the block wall's height. Mr. Edwards noted that it is 6' and the applicant plans to keep the wall at that height. Commissioner Shier Burnett asked if staff has received any comments or complaints from neighboring residents. Mr. Edwards said no. Mr. Fauland noted that the applicant only has control of one side of the block wall. Commissioner Delgleize discussed the possibility of adding light landscaping in front of the wall. Mr. Edwards noted that the distance between the wall and neighboring buildings is 5'. Commission Speaker concurred with Commission Delgleize regarding landscaping, and recommended that the applicant work with staff on this design aspect. Commissioner Scandura noted that the Zoning Administrator and staff have done a great job on this project. He also noted that the applicant has enhanced the project design. Chair Farley questioned the possibility of a one-year review of traffic at the proposed site. Commissioner Scandura noted that staff has already provided an in-depth traffic analysis. Chair Farley noted he has concerns with traffic queuing at the site. Planning Manager Herb Fauland noted that the Planning Commission can recommend that traffic monitoring be included as a condition of approval. He also said that this item can be brought back before the Planning Commission if there are future traffic concerns. 10p=0309 Item 70 - Page 272 -652- PC Minutes LAAFT March 9,2010 Page 7 A MOTION WAS MADE BY SCANDURA, SECONDED BY SPEAKER, TO APPROVE CONDITIONAL USE PERMIT NO. 09-012 WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Mantini, Scandura, Speaker, Farley, Shier Burnett, Delgleize, Livengood NOES: None ABSENT: None ABSTAIN: None MOTION APPROVED FINDINGS FOR PROJECTS EXEMPT FROM CEQA: The Planning Commission finds that the project will not have any significant effect on the environment and is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to section 15301 of the CEQA Guidelines, because the proposed project consists of an addition of less than 10,000 sq. ft. of floor area to existing structures on a site where public services and facilities area available and the surrounding area is not environmentally sensitive. FINDINGS FOR APPROVAL- CONDITIONAL USE PERMIT NO. 2009-012: 1. Conditional Use Permit No. 2009-012 to permit the redevelopment of a former gas station site with the construction of an approximately 2,336 sq. ft. express carwash building and associated site improvements will not be detrimental to the general welfare of persons working or residing in the vicinity or detrimental to the value of the property and improvements in the neighborhood. The project will not significantly impact adjoining residential properties located to the north and west of the site. The carwash building will be sited furthest away from residential uses at the southeast corner of the property. The residential uses to the west will be buffered from the carwash by an approximately 65 ft. separation consisting of a drive aisle, parking lot landscaping, 12 ft. high noise attenuating screen canopy, 10 ft. wide landscape planter, and a 6 ft. high block wall. Residential uses to the north will be buffered from the carwash by a drive aisle and a 5 ft. setback with landscaping. A noise study was submitted indicating compliance with established noise level thresholds. Noise will be attenuated through operational requirements and onsite improvements which include limited operating hours, a perimeter block wall and appropriate building orientation. Additionally, noise emitting mechanical equipment will be enclosed within the building and oriented away from residential properties. Furthermore, the use will be subject to compliance with the City of Huntington Beach Noise Ordinance (Chapter 8.40 Noise Control) and based upon the conditions imposed, potential noise impacts will be mitigated. Lighting will be designed to be directed onto the project site without any spillage onto adjacent properties. The Newland Street driveway is conditioned to require ingress and egress access to alleviate potential queuing conflicts. The project is on a site of a former auto-related use; consequently no significant traffic impacts are anticipated. The project will provide adequate on-site parking and will not present unsafe conditions for pedestrians or vehicular circulation. 2. The conditional use permit will be compatible with surrounding developments because the carwash building will be located on commercially zoned property, formerly occupied by a gas station, in an area containing similar auto-related land uses. The building's architecture is consistent with the surrounding neighborhood by providing appropriate scale through a I OPCM0309 -653- Item 7e - Page 273 PC Minutes March 9,2010 R A F Page 8 single story design and appropriate proportion and character through variable fagade offsets and harmonious colors and materials. The proposed development, as conditioned, conforms to the design criteria as stipulated within the City's Urban Design Guidelines by siting the building at the street comer, accommodating anticipated circulation patterns between vehicles and pedestrians, improving the driveways to current standards, and minimizing the visibility of mechanical equipment within the carwash tunnel openings. 3. The development will comply with the provisions of the base district and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance, including minimum building setbacks, minimum on-site parking and minimum onsite landscaping, maximum building height and maximum floor area ratio. The proposed car wash use is permitted within the CG (General Commercial) zoning district with approval of a conditional use permit. 4. The granting of the conditional use permit will not adversely affect the General Plan. It is consistent with the Land Use Element designation CG-F1 (General Commercial — 0.35 maximum floor area ratio) on the subject property. In addition, it is consistent with the following goals, objectives and policies of the General Plan: Land Use Element Objective - LU 10.1: Provide for the continuation of existing and the development of a diversity of retail and service commercial uses that are oriented to the needs of local residents. Policy- LU 10.1.4: Require that commercial buildings and sites be designed to achieve a high level of architectural and site layout quality. Policy - LU 10.1.6: Require that commercial projects abutting residential properties adequately protect the residential use from the excessive or incompatible impacts of noise, light, vehicular traffic, visual character, and operational hazards. Policy-LU 10.1.12: Require that commercial uses be designed and developed to achieve a high level of quality, distinctive character, and compatibility with existing uses and development including consideration of: a. Incorporation of site landscape, particularly along street frontages and in parking lots; b. Siting of building to the street frontage to convey a visual relationship to the street and sidewalks; c. Architectural treatment of buildings to minimize visual bulk and mass, using techniques such as the modulation of building volumes and articulation of all elevations. The project is a redevelopment of a former gas station site with a new express carwash facility. The proposed use will redevelop a currently vacant site with a facility that caters to the needs of local residents. The project will not significantly impact the adjoining residential property to the north and west of the site. The carwash building will be sited furthest away from residential uses. The residential uses to the west will be buffered from the carwash by an approximately 65 ft. separation consisting of a drive aisle, parking lot landscaping, 12 ft. high noise attenuating screen canopy, 10 ft. wide landscape planter, and a 6 ft. high block wall. Residential uses to the north will be buffered from the carwash by a drive aisle and a 5 ft. setback with landscaping. The mechanical equipment associated with the carwash will be located inside the building; in addition, the building is oriented so that the carwash tunnel I Op=0309 Item 7. - Page 274 -654- PC Minutes March 9,2010 DRAFT Page 9 openings do not directly face adjacent residential uses. A noise study prepared by Giroux& Associates on November 6, 2009 identifies that project noise levels will not cumulatively contribute to significant impacts. Lighting will be designed to be directed onto the project site without any spillage on to adjacent properties. Urban Design Element Objective - UD 1.1: Identify and reinforce a distinctive architectural and environmental image for each district in Huntington Beach. Policy- UD 1.2.1.E: Enhance the connections, where feasible between the public sidewalk and private commercial interior open spaces as described by the Land Use Element by using decorative paving materials. The proposed design of the carwash building will incorporate distinctive architecture which includes variations to the roof height and form, insets and offsets in the building fagade to create enhanced visual relief and break up of building mass, and variations in exterior building treatments. The project will incorporate a connection from the public sidewalk on Warner Avenue and Newland Street by providing clear and identifiable access to the carwash building. Noise Element Objective - N 1.4: Minimize noise spillover or encroachment from commercial and industrial land uses into adjoining residential neighborhoods or"noise-sensitive" uses. Obiective - N 1.4.3. Require that the parking areas of all commercial and industrial land uses, which abut residential areas, to be buffered and shielded by walls, fences, or adequate landscaping. A noise study prepared by Giroux & Associates on November 6, 2009 identifies that project noise levels will not cumulatively contribute to an increase in levels above established thresholds. Noise will be attenuated through operational requirements and onsite improvements which include limiting the hours of operation (Suggested Condition of Approval No_ 4.a), and providing for a perimeter block wall and appropriate building orientation. Additionally, noise emitting mechanical equipment will be enclosed within the building and oriented away from residential properties. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 2009-012: 1. The site plan, floor plans, and elevations received and dated February 26, 2010 shall be the conceptually approved design with the following modifications: a. Landscaped setbacks along both street frontages shall incorporate mounding, shrubbery and enhanced vertical elements to enhance the aesthetics of the site and provide for additional screening at the openings to the carwash tunnel and interior mechanical equipment. b. The Recovery and Collection Hydro-Carbons area located at the northwest comer of the site shall provide screening to match the adjacent trash enclosure. All screening enclosures shall be compatible and provide materials found in the carwash building. 10p=0309 -655- Item 7. - Page 275 x AFTPC Minutes `" March 9,2010 Page 10 c. Additional trees shall be clustered along the west and north landscaped setback to provide screening of the carwash from view of the adjacent residential buildings. d. The pedestrian access pathway from Warner Avenue to the southwest end of the building shall be removed and the portion within the landscape planter fronting Warner Avenue shall be replaced with a landscaped berm. 2. Prior to submittal for building permits, one set of project plans revised pursuant to Condition of Approval No. 1, shall be submitted for review, approval and inclusion in the entitlement file, to the Planning Department. 3. Prior to building permit final, all existing overhead utilities located along the Newland Street and Warner Avenue frontage shall be undergrounded. This shall include all utilities, including but not limited to telephone, electric, and Cable TV lines. If required, easements shall be quitclaimed and/or granted to the corresponding utility companies. (PW) 4. The use shall comply with the following: a. The hours of operation shall be between the hours of 7 a.m. and 8 p.m. b. The car wash dryer units shall be equipped with a silencer. c. Paging and music system speakers located or being activated outside of the building shall be prohibited. d. Customers shall be cautioned against the creation of unacceptably loud noise during waiting and within the vacuum/wipe off areas by signage posted near this area. Customer noise clearly audible beyond the property line (5 dB or more above ambient) shall be eliminated immediately by staff intervention. 5. Incorporating sustainable or "green" building practices into the design of the proposed structures and associated site improvements is highly encouraged. Sustainable building practices may include (but are not limited to) those recommended by the U.S. Green Building Council's Leadership in Energy and Environmental Design (LEED) Program certification (http://www.usgbc.org/DisplayPage.aspx?CategorylD=19) or Build It Green's Green Building Guidelines and Rating Systems (http://www.builditgreen.org/index.cfm?fuseaction=guidelines). INDEMNIFICATION AND HOLD HARMLESS CONDITION: The owner of the property which is the subject of this project and the project applicant if different from the property owner, and each of their heirs, successors and assigns, shall defend, indemnify and hold harmless the City of Huntington Beach and its agents, officers, and employees from any claim, action or proceedings, liability cost, including attorney's fees and costs against the City or its agents, officers or employees, to attack, set aside, void or annul any approval of the City, including but not limited to any approval granted by the City Council, Planning Commission, or Design Review Board concerning this project. The City shall promptly notify the applicant of any claim, action or proceeding and should cooperate fully in the defense thereof. 10p=0309 Item 7. a Page 276 -656- -657- Item 7e - Page 277 PC Minutes 2- A F T February 9,2010 Page 5 6:05 PM —RECESS FOR DINNER 7:00 P.M. —COUNCIL CHAMBERS CALL PLANNING COMMISSION MEETING TO ORDER PLEDGE OF ALLEGIANCE—Led by Commissioner Scandura P P P P P P P ROLL CALL: Mantini, Scandura, Speaker, Farley, Shier Burnet4 Delgleize, Livengood AGENDA APPROVAL A MOTION WAS MADE BY LIVENGOOD, SECONDED BY DELGLEIZE, TO MOVE ITEM D-1 BEFORE ITEM B-1 AND TO APPROVE THE PLANNING COMMISSION AGENDA OF FEBRUARY 9, 2010, BY THE FOLLOWING VOTE: AYES: Mantini, Scandura, Speaker, Farley, Shier Burnett, Delgleize, Livengood NOES: None ABSENT: None ABSTAIN: None MOTION APPROVED THE MINUTES WILL REFLECT ITEMS IN THEIR ORIGINAL ORDER. A. ORAL COMMUNICATIONS.- NONE B. PUBLIC HEARING ITEMS B-1. APPEAL OF THE ZONING ADMINISTRATOR'S APPROVAL OF CONDITIONAL USE PERMIT NO. 09-012 (NEWLAND CAR WASH) Applicant: Thomas Hwang, 616 Imperial LLC Appellant: Larry Kennepohl Request: CUP: To permit the construction of an approximately 2,336 sq. ft. express service carwash building and associated site improvements, on a 22,363 sq. ft. vacant lot. This request was approved by the Zoning Administrator on November 18, 2009. Location: 8471 Warner Avenue (northwest comer of Warner Avenue and Newland Street). Project Planner: Ethan Edwards STAFF RECOMMENDATION: Motion to: "Approve Conditional Use Permit No. 09-012 with findings and suggested conditions of approval (Attachment No. 1)." The Commission made the following disclosures: • Commissioner Mantini has visited the site and attended the study session. • Commissioner Scandura has visited the site, attended the study session, spoken to the appellant and spoken to Mike Adams and Mike Strange. • Vice Chair Speaker has visited the site and the applicant's two car washes in Long Beach, has attended the study session and spoken to the appellant. • Chair Farley has attended the study session, visited the site, and was presented with a handout from Mike Adams. 10pcm0209 Item 70 - Page 278 -658- PC Minutes February 9,2010 CRAFT Page 6 • Commissioner Shier Burnett has visited the site, attended the study session, met with staff, met with Commissioner Livengood and met with the appellant. • Commissioner Delgleize has visited the site, met with staff and visited the applicant's two car washes in Long Beach. • Commissioner Livengood has visited the site, met with the appellant, met with the applicant/owner, spoken to staff and spoken with Commissioner Shier Burnett. Ethan Edwards, Associate Planner, gave the staff presentation and an overview of the project. He noted that this project came before the Zoning Administrator on September 23, 2009 and October 14, 2009, and was continued both times at the applicant's request. On November 18, 2009, this project was approved by the Zoning Administrator. On November 30, 2009, the Zoning Administrator's approval of this project was appealed by Larry Kennepohi. Commissioner Livengood asked about access to the site. Deputy Fire Marshal Jeff Lopez said that the Fire Department is recommending a wider turning radius at the Newland Street entrance. He also noted that the Fire Department does not object to the current plans. He stated that both the Newland Street and Warner Avenue entrances and turning radiuses would be acceptable if a tree and trash receptacles were removed. Mr. Livengood asked staff for the height of the surrounding wall and Mr. Edwards said that it is 6'. Mr. Livengood also asked if the applicant proposes modifications to the existing site. Mr. Edwards said that the applicant plans to do repairs only. At the request of Commissioner Delgleize, Mr. Edwards directed the Planning Commission's attention to the entrance and exits on the wall plans. Planning Manager Herb Fauland noted that the driveways leading into and out of the site meet the Fire Department's requirements. Ms. Delgleize asked about landscaping. Mr. Edwards says the applicant plans to use trees and shrubs. She also asked about proposed colors and designs. Mr. Edwards stated that these did not require Design Review Board (DRB) approval. Commissioner Shier Burnett noted that staff is recommending a 5' shorter tunnel rail at the exit from the site and Mr. Edwards confirmed this. She also asked about the use of bollards and Mr. Edwards said that there will be at 42" high wall. She noted that she has concerns with safety issues. Mr. Edwards noted that the safety retaining wall at Frog's Car Wash at Beach Blvd and Adams Avenue is 5'-6' tall. Mr. Scandura discussed the proposed operating hours of 7:00 AM to 8:00 PM, and asked the applicant if they would agree to close the facility at 7:00 PM instead. Mr. Scandura also recommended that two parking spaces be designated for employees and that those parking spaces not have a car vacuum. He also recommended that the applicant add landscaping. Ms. Delgleize asked staff where the employees currently park. Mr. Edwards said that employees will park onsite. He also said that the site requires 10 spaces, but the applicant is proposing 12 parking spaces, which should be sufficient for both employees and customers. 10p=0209 -659- Item 7. - Page 279 PC Minutes1AFT February 9, 2010 Page 7 Chair Farley noted that he has concerns with the site layout and traffic issues. He asked staff why this project is coming before the Planning Commission without revised plans. Mr. Edwards said that the applicant's current plans do meet the minimum requirements. Senior Civil Engineer Bob Milani noted that a 3' high wall would slow a car down, but a retaining wall would stop a car entirely. Ms. Scandura said that he doubts even a retaining wall could stop an oversized SUV. Mr. Farley asked staff about the modified wall plan. Mr. Lopez noted that only the modified wall plan meets the Fire Department requirements. Mr. Fauland noted that the modified wall plan is represented by the incorporation of condition of approval No. 1-c on staff report attachment 1.4. THE PUBLIC HEARING WAS OPENED. Richard Hwang, applicant, spoke in favor of Item No. B-1 and noted that he was available to answer the Planning Commission's questions. He said that he was in agreement with the Planning Commission's recommendations regarding the modified wall, landscaping and operating hours. Commissioner Livengood asked the applicant if he can provide a set of revised plans. Mr. Hwang said yes, since the revised plans would be similar to his two other car wash facilities in Long Beach. Mr. Livengood asked the applicant if he would reduce the exit tunnel length by 5', and the applicant said yes. Ms. Shier Burnett asked the applicant if he owns the property and Mr. Hwang said yes. She also asked him if he uses blowers and Mr. Hwang said no, noting that more expensive blowers create more noise. She asked about the pictures provided to the Planning Commission of his Long Beach car wash, which showed the site in disrepair. Mr. Hwang noted that Commissioner Livengood has visited the site and can attest to the fact that the site is cleaned up each morning. Ms. Shier Burnett said that she has concerns with the lack of fresh paint and the existing signage at the Long Beach site. Larry Kennepohl, appellant, from Pepper Tree, Inc., spoke in opposition to Item No. B-1. He provided the Planning Commission with a handout. He cited concerns with traffic and noise and said that he feels the proposed site is too small for an express car wash. He noted that he owns a car wash in Buena Park and one in Huntington Beach, which is located at Beach Blvd. and Warner Avenue. Commissioner Mantini asked Mr. Kennepohl the operating hours at his Huntington Beach car wash and if he uses silencers. Mr. Kennepohl said that his hours are 7:00 AM—8:00 PM and he does not use silencers. Steve Shelds from Pepper Tree, Inc., spoke in opposition to Item No_ B-1. He stated that he works for the appellant, Larry Kennepohl_ He said that he has concerns with the applicant's proposed exit and said he feels the site is too small for a high volume car wash. Mike Adams, representing the appellant, spoke regarding Item No. B-1. He said that he wants to help resolve the conflicts. He said that he recommends limiting the parking space vacuums on the west side, designating employee parking and proposing a 7:00 PM close. WITH NO ONE ELSE PRESENT TO SPEAK, THE PUBLIC HEARING WAS CLOSED. 10p=0209 Item 7m - Page 280 -660- PC Minutes February 9,2010 Page 8 A F T Mr. Livengood recommended continuing this item. Mr. Scandura said that he would approve a continuance, but did not want to discourage the applicant, who has been through two continuances on this project. Ms. Mantini said that she agrees with Mr. Scandura. Commissioner Speaker said that he would like to see a redesign, including new signage. He said that he supports shortening the exit tunnel rail by 5'. He also recommended that cars should exit on Newland Street only. Mr. Livengood said that he would like to see more safety signage and that cars should exit on Newland Street only. He also said he agrees with the Fire Department's recommendations regarding the shortened exit tunnel rail and the widened turning radius. He questioned if the bus stop could be relocated. Mr. Farley said that he recommends entering on Warner Avenue and exiting on Newland Street, to provide better traffic circulation. Ms. Delgleize suggested moving the bus stop. Planning Manager Herb Fauland said that staff had received preliminary concurrence from the applicant to continue this item until March 9, 2010. He also noted that it would require Orange County Transit Authority concurrence to move the bus stop. A MOTION WAS MADE BY LIVENGOOD, SECONDED BY SHEIR BURNETT, TO CONTINUE CONDITIONAL USE PERMIT NO. 09-012 TO THE MARCH 9, 2010 MEETING WITH THE PUBLIC HEARING CLOSED, BY THE FOLLOWING VOTE: AYES: Mantini, Scandura, Speaker, Farley, Shier Burnett, Delgleize, Livengood NOES: None ABSENT: None ABSTAIN: None MOTION APPROVED 10p=0209 -661- Item 70 - Page 281 Item 7e - Page 282 -662- ®� Huntington Beach Planning Commission • 2000 MAIN STREET CALIFORNIA 92648 NOTICE OF ACTION March 10, 2010 Thomas Hwang 616 Imperial LLC 1050 E. Anaheim Street Long Beach, CA 90813 SUBJECT: APPEAL OF ZONING ADMINISTRATOR'S APPROVAL OF CONDITIONAL USE PERMIT NO. 09-012(NEWLAND CAR WASH) APPLICANT/ Thomas Hwang, 616 Imperial LLC PROPERTY OWNER: APPELLANT: Larry Kennepohl, 3423 Starline Drive, Rancho Palos Verdes, CA 90275 REQUEST: To permit the construction of an approximately 2,336 sq. ft. express service carwash building and associated site improvements, on a 22,363 sq. ft. vacant lot. This request was approved by the Zoning Administrator on November 18, 2009 LOCATION: 8471 Warner Avenue (northwest corner of Warner Avenue and Newland Street) DATE OF ACTION: March 9, 2010 On Tuesday, March 9, 2010, the Huntington Beach Planning Commission took action on your application, and your application was conditionally approved. Attached to this letter are the findings and conditions of approval. Please be advised that the Planning Commission reviews the conceptual plan as a basic request for entitlement of the use applied for and there may be additional requirements prior to commencement of the project. It is recommended that you immediately pursue completion of the conditions of approval and address all requirements of the Huntington Beach Zoning and Subdivision Ordinance in order to expedite the processing/completion of your total application. The conceptual plan should not be construed as a precise plan, reflecting conformance to all Zoning and Subdivision Ordinance requirements. Under the provisions of the Huntington Beach Zoning and Subdivision Ordinance, the action taken by the Planning Commission becomes final at the expiration of the appeal period. A person desiring to appeal the decision shall file a written notice of appeal to the City Clerk within ten (10) calendar days of the date of the Planning Commission's action. The notice of appeal Phone 714-536-5271 Fax 7-663=1540 'Item 7e - Page 283 Notice of Action: CUP 09-012 March 9,2010 Page 2 shall include the name and address of the appellant, the decision being appealed, and the grounds for the appeal. Said appeal must be accompanied by a filing fee of One Thousand, Five Hundred Thirty-Nine Dollars ($1,539.00) if the appeal is filed by a single family dwelling property owner appealing the decision on his own property and Two Thousand, Seven Hundred Four Dollars ($2,704.00) if the appeal is filed by any other party. In your case, the last day for filing an appeal and paying the filing fee is March 19, 2010 at 5:00 PM. Provisions of the Huntington Beach Zoning and Subdivision Ordinance are such that any application becomes null and void one (1)year after final approval, unless actual construction has started. "Excepting those actions commenced pursuant the California Environmental Quality Act, you are hereby notified that you have 90 days to protest the imposition of the fees described in this Notice of Action. If you fail to file a written protest regarding any of the fees contained in this Notice, you will be legally legally barred from later challenging such action pursuant to Government Code §66020." If you have any questions, please contact Ethan Edwards, the project planner, at ethan.edwards(cDsurfcity-hb.orA or (714) 536-5561 or the Planning Department Zoning Counter at (714) 536-5271. Sincerely, Scott Hess, AICP, Secretary Planning Commission By: Herb Fauland, Planning Manager SH:HF:EE:kdc Attachment: Finding and Conditions of Approval —CUP No. 09-012 c: Honorable Mayor and City Council Chair and Planning Commission Fred A. Wilson, City Administrator Scott Hess, Director of Planning and Building Bill Reardon, Division Chief/Fire Marshal Mike Vigliotta, Deputy City Attorney III Steve Bogart, Senior Civil Engineer Gerald Caraig, Permit-Plan Check Manager Property Owner Project File Item 7. - Page 284 -664- ATTACHMENT NO. 1 FINDINGS AND CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 2009-012 FINDINGS FOR PROJECTS EXEMPT FROM CEQA: The Planning Commission finds that the project will not have any significant effect on the environment and is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to section 15301 of the CEQA Guidelines, because the proposed project consists of an addition of less than 10,000 sq. fL of floor area to existing structures on a site where public services and facilities area available and the surrounding area is not environmentally sensitive. FINDINGS FOR APPROVAL- CONDITIONAL USE PERMIT NO. 2009-012: 1. Conditional Use Permit No. 2009-012 to permit the redevelopment of a former gas station site with the construction of an approximately 2,336 sq. ft. express carwash building and associated site improvements will not be detrimental to the general welfare of persons working or residing in the vicinity or detrimental to the value of the property and improvements in the neighborhood. The project will not significantly impact adjoining residential properties located to the north and west of the site. The carwash building will be sited furthest away from residential uses at the southeast comer of the property. The residential uses to the west will be buffered from the carwash by an approximately 65 ft. separation consisting of a drive aisle, parking lot landscaping, 12 ft. high noise attenuating screen canopy, 10 ft. wide landscape planter, and a 6 ft. high block wall. Residential uses to the north will be buffered from the carwash by a drive aisle and a 5 ft. setback with landscaping. A noise study was submitted indicating compliance with established noise level thresholds. Noise will be attenuated through operational requirements and onsite improvements which include limited operating hours, a perimeter block wall and appropriate building orientation. Additionally, noise emitting mechanical equipment will be enclosed within the building and oriented away from residential properties. Furthermore, the use will be subject to compliance with the City of Huntington Beach Noise Ordinance (Chapter 8.40 Noise Control) and based upon the conditions imposed, potential noise impacts will be mitigated. Lighting will be designed to be directed onto the project site without any spillage onto adjacent properties. The Newland Street driveway is conditioned to require ingress and egress access to alleviate potential queuing conflicts. The project is on a site of a former auto-related use; consequently no significant traffic impacts are anticipated. The project will provide adequate on-site parking and will not present unsafe conditions for pedestrians or vehicular circulation. 2. The conditional use permit will be compatible with surrounding developments because the carwash building will be located on commercially zoned property, formerly occupied by a gas station, in an area containing similar auto-related land uses. The building's architecture is consistent with the surrounding neighborhood by providing appropriate scale through a single story design and appropriate proportion and character through variable fagade offsets and harmonious colors and materials. The proposed development, as conditioned, conforms to the design criteria as stipulated within the City's Urban Design Guidelines by siting the building at the street comer, accommodating anticipated circulation patterns between G:\PC\NOA\2010\3-9-2010 CUP 09-012 Newland Car Wash Attachment 1.1 -665- Item 7e - Page 285 vehicles and pedestrians, improving the driveways to current standards, and minimizing the visibility of mechanical equipment within the carwash tunnel openings. 3. The development will comply with the provisions of the base district and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance, including minimum building setbacks, minimum on-site parking and minimum onsite landscaping, maximum building height and maximum floor area ratio. The proposed car wash use is permitted within the CG (General Commercial) zoning district with approval of a conditional use permit. 4. The granting of the conditional use permit will not adversely affect the General Plan. It is consistent with the Land Use Element designation CG-F1 (General Commercial — 0.35 maximum floor area ratio) on the subject property. In addition, it is consistent with the following goals, objectives and policies of the General Plan: Land Use Element Objective - LU 10.1: Provide for the continuation of existing and the development of a diversity of retail and service commercial uses that are oriented to the needs of local residents. Policy- LU 10.1.4: Require that commercial buildings and sites be designed to achieve a high level of architectural and site layout quality. Policy - LU 10.1.6. Require that commercial projects abutting residential properties adequately protect the residential use from the excessive or incompatible impacts of noise, light, vehicular traffic, visual character, and operational hazards. Policy:LU 10.1.12: Require that commercial uses be designed and developed to achieve a high level of quality, distinctive character, and compatibility with existing uses and development including consideration of: a. Incorporation of site landscape, particularly along street frontages and in parking lots; d. Siting of building to the street frontage to convey a visual relationship to the street and sidewalks; e. Architectural treatment of buildings to minimize visual bulk and mass, using techniques such as the modulation of building volumes and articulation of all elevations. The project is a redevelopment of a former gas station site with a new express carwash facility. The proposed use will redevelop a currently vacant site with a facility that caters to the needs of local residents. The project will not significantly impact the adjoining residential property to the north and west of the site. The carwash building will be sited furthest away from residential uses. The residential uses to the west will be buffered from the carwash by an approximately 65 ft. separation consisting of a drive aisle, parking lot landscaping, 12 ft. high noise attenuating screen canopy, 10 ft. wide landscape planter, and a 6 ft. high block wall. Residential uses to the north will be buffered from the carwash by a drive aisle and a 5 ft. setback with landscaping. The mechanical equipment associated with the carwash will be located inside the building; in addition, the building is oriented so that the carwash tunnel openings do not directly face adjacent residential uses. A noise study prepared by Giroux & Associates on November 6, 2009 identifies that project noise levels will not cumulatively GAPC\N0A\2010\3-9-2010 CUP 09-012 Newland Car Wash Attachment 12 Item 7e - Page 286 -666- contribute to significant impacts. Lighting will be designed to be directed onto the project site without any spillage on to adjacent properties. Urban Design Element Objective - UD 1.1: Identify and reinforce a distinctive architectural and environmental image for each district in Huntington Beach. Policy- UD 1.2.1.E: Enhance the connections, where feasible between the public sidewalk and private commercial interior open spaces as described by the Land Use Element by using decorative paving materials. The proposed design of the carwash building will incorporate distinctive architecture which includes variations to the roof height and form, insets and offsets in the building fagade to create enhanced visual relief and break up of building mass, and variations in exterior building treatments. The project will incorporate a connection from the public sidewalk on Warner Avenue and Newland Street by providing clear and identifiable access to the carwash building. Noise Element Obiective - N 1.4: Minimize noise spillover or encroachment from commercial and industrial land uses into adjoining residential neighborhoods or"noise-sensitive" uses. Objective - N 1.4.3: Require that the parking areas of all commercial and industrial land uses, which abut residential areas, to be buffered and shielded by walls, fences, or adequate landscaping. A noise study prepared by Giroux&Associates on November 6, 2009 identifies that project noise levels will not cumulatively contribute to an increase in levels above established thresholds. Noise will be attenuated through operational requirements and onsite improvements which include limiting the hours of operation (Suggested Condition of Approval No. 4.a), and providing for a perimeter block wall and appropriate building orientation. Additionally, noise emitting mechanical equipment will be enclosed within the building and oriented away from residential properties. CONDITIONS OF APPROVAL -CONDITIONAL USE PERMIT NO. 2009-012: 1. The site plan, floor plans, and elevations received and dated February 26, 2010 shall be the conceptually approved design with the following modifications: a. Landscaped setbacks along both street frontages shall incorporate mounding, shrubbery and enhanced vertical elements to enhance the aesthetics of the site and provide for additional screening at the openings to the carwash tunnel and interior mechanical equipment. b. The Recovery and Collection Hydro-Carbons area located at the northwest comer of the site shall provide screening to match the adjacent trash enclosure. All screening enclosures shall be compatible and provide materials found in the carwash building. G:1PC\NOA12010\3-9-2010 CUP 09-012 Newland Car Wash Attachment 1.3 -667- Item 7. a Page 287 c. Additional trees shall be clustered along the west and north landscaped setback to provide screening of the carwash from view of the adjacent residential buildings. d. The pedestrian access pathway from Warner Avenue to the southwest end of the building shall be removed and the portion within the landscape planter fronting Warner Avenue shall be replaced with a landscaped berm. 2. Prior to submittal for building permits, one set of project plans revised pursuant to Condition of Approval No. 1, shall be submitted for review, approval and inclusion in the entitlement file, to the Planning Department. 3. Prior to building permit final, all existing overhead utilities located along the Newland Street and Warner Avenue frontage shall be undergrounded. This shall include all utilities, including but not limited to telephone, electric, and Cable TV lines. If required, easements shall be quitclaimed and/or granted to the corresponding utility companies. (PW) 4. The use shall comply with the following: a. The hours of operation shall be between the hours of 7 a.m. and 8 p.m. b. The car wash dryer units shall be equipped with a silencer. c. Paging and music system speakers located or being activated outside of the building shall be prohibited. d. Customers shall be cautioned against the creation of unacceptably loud noise during waiting and within the vacuum/wipe off areas by signage posted near this area. Customer noise clearly audible beyond the property line (5 dB or more above ambient) shall be eliminated immediately by staff intervention. 5. Incorporating sustainable or "green" building practices into the design of the proposed structures and associated site improvements is highly encouraged. Sustainable building practices may include (but are not limited to) those recommended by the U.S. Green Building Council's Leadership in Energy and Environmental Design (LEED) Program certification (http:i/www.usgbc.org/DisplayPage.aspx?CategorylD=19) or Build It Green's Green Building Guidelines and Rating Systems (http://www.builditgreen.org/index.cfm?fuseaction=quidelines). INDEMNIFICATION AND HOLD HARMLESS CONDITION: The owner of the property which is the subject of this project and the project applicant if different from the property owner, and each of their heirs, successors and assigns, shall defend, indemnify and hold harmless the City of Huntington Beach and its agents, officers, and employees from any claim, action or proceedings, liability cost, including attorney's fees and costs against the City or its agents, officers or employees, to attack, set aside, void or annul any approval of the City, including but not limited to any approval granted by the City Council, Planning Commission, or Design Review Board concerning this project. The City shall promptly notify the applicant of any claim, action or proceeding and should cooperate fully in the defense thereof. G:\PC\NOA\2010\3-9-2010 CUP 09-012 Newland Car Wash Attachment 1.4 Item 7. a Page 288 -668- �, ATTACHMENT # 10 ®J Huntington Beach Planning Commission ® 2000 MAIN STREET CALIFORNIA 92648 NOTICE OF ACTION February 10, 2010 Thomas Hwang 616 Imperial LLC 1050 E. Anaheim Street Long Beach, CA 90813 SUBJECT: APPEAL OF ZONING ADMINISTRATOR'S APPROVAL OF CONDITIONAL USE PERMIT NO. 09-012 (NEWLAND CAR WASH) APPLICANT/ Thomas Hwang, 616 Imperial LLC PROPERTY OWNER: APPELLANT: Larry Kennepohl, 3423 Starline Drive, Rancho Palos Verdes, CA 90275 REQUEST: To permit the construction of an approximately 2,336 sq. ft. express service carwash building and associated site improvements, on a 22,363 sq. ft. vacant lot. This request was approved by the Zoning Administrator on November 18, 2009 LOCATION: 8471 Warner Avenue (northwest corner of Warner Avenue and Newland Street) DATE OF ACTION: February 9, 2010 On Tuesday, February 9, 2010, the Huntington Beach Planning Commission took action on your application, and continued the item to the March 9, 2010 meeting. If you have any questions, please contact Ethan Edwards, the project planner, at ethan.edwards(a)-surfcity-hb.org or(714) 536-5561 or the Planning Department Zoning Counter at (714) 536-5271. Sincerely, Scott Hess, Secretary Planning Commission By: Herb Fauland, Planning Manager SH:HF:EE:lw c: Property Owner Project File Item 7■ - Page 290 Fax 7-670®1540 www,surfoity-hb.org j ATTACHMENT #11 Aft C- FILE of the ZONING ADNtINIST ATOR CITY OF IIUN I I�TGTON BEACH ® CALIFORNIA N P.O. BOX 190 CALIFORNIA 92648 (714) 536-5271 NOTICE OF ACTION November 19, 2009 Thomas Hwang 616 Imperial, LLC 1050 E. Anaheim Street Long Beach, CA 90813 SUBJECT: CONDITIONAL USE PERMIT NO. 2009-012 (NEWLAND CARWASH) APPLICANT: Thomas Hwang, 616 Imperial, LLC REQUEST: To permit the construction of an approximately 2,336 sq. ft. express service carwash building and associated site improvements, on a 22,363 sq_ ft. vacant lot. PROPERTY OWNER: 616 Imperial, LLC, 1050 E. Anaheim Street, Long Beach, CA 90813 LOCATION: 8471 Warner Avenue, 92647 (northwest comer of Warner Avenue and Newland Street) PROJECT PLANNER: Ethan Edwards DATE OF ACTION: November 18, 2009 On Wednesday, November 18, 2009, the Huntington Beach Zoning Administrator took action on your application, and your application was conditionally approved. Attached to this letter are the findings and conditions of approval_ Please be advised that the Zoning Administrator reviews the conceptual plan as a basic request for entitlement of the use applied for and there may be additional requirements prior to commencement of the project_ It is recommended that you immediately pursue completion of the conditions of approval and address all requirements of the Huntington Beach Zoning and Subdivision Ordinance in order to expedite the processing/completion of your total application. The conceptual plan should not be construed as a precise plan, reflecting conformance to all Zoning and Subdivision Ordinance requirements. Item 7e a Page 292 -672- s Under the provisions of the Huntington Beach Zoning and Subdivision Ordinance, the action taken by the Zoning Administrator becomes final at the expiration of the appeal period. A person desiring to appeal the decision shall file a written notice of appeal to the Secretary of the Planning Commission within ten (10) calendar days of the date of the Zoning Administrator's action. The notice of appeal shall include the name and address of the appellant, the decision being appealed, and the grounds for the appeal. Said appeal must be accompanied by a filing fee of Two Thousand Two Dollars ($2,002.00). In your case, the last day for filing an appeal and paying the filing fee is November 30, 2009, at 5:00 PM. Provisions of the Huntington Beach Zoning and Subdivision Ordinance are such that any application becomes null and void one (1) year after final approval, unless actual construction has begun. Excepting those actions commenced pursuant the California Environmental Quality Act, you are hereby notified that you have 90 days to protest the imposition of the fees described in this Notice of Action. If you fail to file a written protest regarding any of the fees contained in this Notice, you will be legally barred from later challenging such action pursuant to Government Code §66020. If you have any questions regarding this Notice of Action letter or the processing of your application, please contact Ethan Edwards, the project planner, at (714) 536-5561or via email at Ethan.Edwards@surfcity-hb.org or the Planning Department Zoning Counter at (714) 536-5271. Sincerely, Ricky Ramos Zoning Administrator RR:EE:kdc Attachment c: Honorable Mayor and City Council Chair and Planning Commission Fred A. Wilson, City Administrator Scott Hess, Director of Planning William H. Reardon, Division Chief/Fire Marshal Herb Fauland, Planning Manager Steve Bogart, Acting Principal Civil Engineer Gerald Caraig, Permit-Plan Check Manager Judy Demers Property Owner Project File -673- item 7. - Page 293 ATTACHMENT NO. 1 FINDINGS AND CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 2009-012 FINDINGS FOR PROJECTS EXEMPT FROM CEQA: The Zoning Administrator finds that the project will not have any significant effect on the environment and is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to section 15303 of the CEQA Guidelines, because the proposed project consists of the construction of a new commercial building with less than 10,000 square feet of floor area not involving significant amounts of hazardous substances on a site where public services and facilities are available and the surrounding area is not environmentally sensitive. FINDINGS FOR APPROVAL -CONDITIONAL USE PERMIT NO. 2009-012: 1. Conditional Use Permit No. 2009-012 to permit the redevelopment of a former gas station site with the construction of an approximately 2,336 sq. ft. express carwash building and associated site improvements will not be detrimental to the general welfare of persons working or residing in the vicinity or detrimental to the value of the property and improvements in the neighborhood. The project will not significantly impact adjoining residential properties located to the north and west of the site. The carwash building will be sited furthest away from residential uses at the southeast corner of the property. The residential uses to the west will be buffered from the carwash by an approximately 65 ft. separation consisting of a drive aisle, parking lot landscaping, 12 ft. high noise attenuating screen canopy, 10 ft. wide landscape planter, and a 6 ft. high block wall. Residential uses to the north will be buffered from the carwash by a drive aisle and a 5 ft. setback with landscaping. A noise study was submitted indicating compliance with established noise level thresholds. Noise will be attenuated through operational requirements and onsite improvements which include limited operating hours, a perimeter block wall and appropriate building orientation. Additionally, noise emitting mechanical equipment will be enclosed within the building and oriented away from residential properties. Furthermore, the use will be subject to compliance with the City of Huntington Beach Noise Ordinance (Chapter 8.40 Noise Control) and based upon the conditions imposed, potential noise impacts will be mitigated. Lighting will be designed to be directed onto the project site without any spillage onto adjacent properties. The project is on a site of a former auto-related use; consequently no significant traffic impacts are anticipated. The project will provide adequate on-site parking and will not present unsafe conditions for pedestrians or vehicular circulation. 2. The conditional use permit will be compatible with surrounding developments because the carwash building will be located on commercially zoned property, formerly occupied by a gas station, in an area containing similar auto-related land uses. The building's architecture is consistent with the surrounding neighborhood by providing appropriate scale through a single story design and appropriate proportion and character through variable fapade offsets and harmonious colors and materials. G:ZA\ZALTRS1091CUP 2009-012.doc Attachment 1.1 Item 7. - Page 294 -674- z The proposed development, as conditioned, conforms to the design criteria as stipulated within the City's Urban Design Guidelines by siting the building at the street corner, accommodating anticipated circulation patterns between vehicles and pedestrians, improving the driveways to current standards, and minimizing the visibility of mechanical equipment within the carwash tunnel openings. 3_ The development will comply with the provisions of the base district and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance, including minimum building setbacks, minimum on-site parking and minimum onsite landscaping, maximum building height and maximum floor area ratio. The proposed car wash use is permitted within the CG (General Commercial) zoning district with approval of a conditional use permit. 4. The granting of the conditional use permit will not adversely affect the General Plan. It is consistent with the Land Use Element designation CG-F1 (General Commercial —0.35 maximum floor area ratio) on the subject property. In addition, it is consistent with the following goals, objectives and policies of the General Plan: Land Use Element Obiective - LU 10.1: Provide for the continuation of existing and the development of a diversity of retail and service commercial uses that are oriented to the needs of local residents. Policy - LU 10.1.4: Require that commercial buildings and sites be designed to achieve a high level of architectural and site layout quality. Policy - LU 10.1.6: Require that commercial projects abutting residential properties adequately protect the residential use from the excessive or incompatible impacts of noise, light, vehicular traffic, visual character, and operational hazards. Policy - LU 10.1.12: Require that commercial uses be designed and developed to achieve a high level of quality, distinctive character, and compatibility with existing uses and development including consideration of: a. Incorporation of site landscape, particularly along street frontages and in parking lots; d. Siting of building to the street frontage to convey a visual relationship to the street and sidewalks; e. Architectural treatment of buildings to minimize visual bulk and mass, using techniques such as the modulation of building volumes and articulation of all elevations. The project is a redevelopment of a former gas station site with a new express carwash facility. The proposed use will redevelop a currently vacant site with a facility that caters to the needs of local residents. The project will not significantly impact the adjoining residential property to the north and west of the site_ The carwash building will be sited furthest away from residential uses. The residential uses to the west will be buffered from the carwash by an approximately 65 ft. separation consisting of a drive aisle, parking lot landscaping, 12 ft. high noise attenuating screen canopy, 10 ft_ wide landscape planter, and a 6 ft. high block wall. G2A\ZALTRS\09\CUP 2009-012.doc Attachment 12 -675- Item 70 - Pane 295 jv Residential uses to the north will be buffered from the carwash by a drive aisle and a 5 ft. setback with landscaping. The mechanical equipment associated with the carwash will be located inside the building; in addition, the building is oriented so that the carwash tunnel openings do not directly face adjacent residential uses. Lighting will be designed to be directed onto the project site without any spillage on to adjacent properties. Urban Design Element Objective - UD 1.1: Identify and reinforce a distinctive architectural and environmental image for each district in Huntington Beach. Policy - UD 1.2.9.E Enhance the connections, where feasible between the public sidewalk and private commercial interior open spaces as described by the Land Use Element by using decorative paving materials. The proposed design of the carwash building will incorporate distinctive architecture which includes variations to the roof height and form, insets and offsets in the building fagade to create enhanced visual relief and break up of building mass, and variations in exterior building treatments. The project will incorporate a connection from the public sidewalk on Warner Avenue and Newland Street by providing clear and identifiable access to the carwash building. Noise Element Objective - N 1.4: Minimize noise spillover or encroachment from commercial and industrial land uses into adjoining residential neighborhoods or "noise-sensitive" uses. Objective - N 1.4.3: Require that the parking areas of all commercial and industrial land uses, which abut residential areas, to be buffered and shielded by walls, fences, or adequate landscaping. A noise study prepared by Giroux & Associates on November 6, 2009 identifies that project noise levels will not cumulatively contribute to an increase in levels above established thresholds. Noise will be attenuated through operational requirements and onsite improvements which include limiting the hours of operation, and providing for a perimeter block wall and appropriate building orientation. Additionally, noise emitting mechanical equipment will be enclosed within the building and oriented away from residential properties. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 2009-012: 1. The site plan, floor plans, and elevations received and dated September 9, 2009 shall be the conceptually approved design with the following modifications: a_ Landscaped setbacks along both street frontages shall incorporate mounding, shrubbery and vertical elements to enhance the aesthetics of the site and provide for additional screening at the openings to the carwash tunnel and interior mechanical equipment. GZA\ZALTRS\09\CUP 2009-012.doc Attachment 1.3 item 7. a Page 296 -676- f b. The Recovery and Collection Hydro-Carbons area located at the northwest corner of the site shall provide screening to match the adjacent trash enclosure. All screening enclosures shall be compatible and provide materials found in the carwash building. 2. Prior to submittal for building permits, one set of project plans revised pursuant to Condition of Approval No. 1, shall be submitted for review, approval and inclusion in the entitlement file, to the Planning Department. 3. Prior to building permit final, all existing overhead utilities located along the Newland Street and Warner Avenue frontage shall be undergrounded. This shall include all utilities, including but not limited to telephone, electric, and Cable TV lines. If required, easements shall be quitclaimed and/or granted to the corresponding utility companies. (PW) 4. The use shall comply with the following: a. The car wash facility shall not be operational from 8 p.m. to 7 a.m. b. The car wash dryer units shall be equipped with a silencer. c. Paging and music system speakers located or being activated outside of the building shall be prohibited. d. Customers shall be cautioned against the creation of unacceptably loud noise during waiting and within the vacuum/wipe off areas by signage posted near this area. Customer noise clearly audible beyond the property line (5 dB or more above ambient) shall be eliminated immediately by staff intervention. 5. Incorporating sustainable or "green" building practices into the design of the proposed structures and associated site improvements is highly encouraged. Sustainable building practices may include (but are not limited to) those recommended by the U.S. Green Building Council's Leadership in Energy and Environmental Design (LEED) Program certification (http://www usgbc orq/DisplayPage aspx?CategorvlD=19) or Build It Green's Green Building Guidelines and Rating Systems (http://www.builditgreen.o[g/index.cfm?fuseaction=quidelines). INDEMNIFICATION AND HOLD HARMLESS CONDITION: The owner of the property which is the subject of this project and the project applicant if different from the property owner, and each of their heirs, successors and assigns, shall defend, indemnify and hold harmless the City of Huntington Beach and its agents, officers, and employees from any claim, action or proceedings, liability cost, including attorney's fees and costs against the City or its agents, officers or employees, to attack, set aside, void or annul any approval of the City, including but not limited to any approval granted by the City Council, Planning Commission, or Design Review Board concerning this project- The City shall promptly notify the applicant of any claim, action or proceeding and should cooperate fully in the defense thereof. G:ZA\ZALTRS\09\CUP 2009-012.doc Attachment 1.4 -677- stern 7. - Page 297 ATTACHMENT # 12 0 Applicant: 'Thornas Hwang Appellant: Larry Kennepohl Location: 8471 warner Avenue May 3, 2010 REQUEST o CUP — To permit an express carwash facility ; - with associated site improvements. o Appeal of March 9, 2010 Planning Commission Decision. Z -679- Item 7m - Page 299 LOCATION & SURROUNDINGS o Description of project x .v site: Approximately 0.47 acre P P Y undeveloped commercial property. Subject F " - ::: ub J s r , Site ='w ' = Former gas station site. '; #•' .o Description of , aA "°`� -'-' - surrounding area: Residential & Commercial uses. , .. . o`:��\'�� uu.._ €-s;.. s� i:.Y�•���•.,;^.'vim::=�:'.:�:; .; 3 BACKGROUND o Zoning Administrator (ZA) Approved — November 18, 2009 To permit an express carwash building and associated site improvements. o ZA Decision Appealed — November 30, 2009 o Continuance granted by PC — February 9, 2010 o PC Approved — March 9, 2010 4 Item 7e - Page 300 -680- 2 ANALYSIS Appeal o Tunnel ingress and egress issue. o On-site circulation — Warner driveway issue. o Site size issue. o Lack of opportunity for further public comment. 41 yj i .......... ... . 57 r. 4" "S 4" 71F -681- Item 7. - Page 301 RECOMMENDATION o Staff & PC recommends approval of CUP 09-012 based on: Conformance with General Plan Compliance with HBZSO Conforms to HB Design Guidelines Compatible with adjacent uses Adequate on-site parking & noise attenuation No potential circulation impacts Item 7® - Page 302 -682- 4 Huntington Beach Independent has been adjudged a newspaper of general circulation in Huntington Beach and Orange County by Decree of the Superior Court of Orange County, State of California,under date of Aug. 24, 1994,case A50479. PROOF OF PUBLICATION STATE OF CALIFORNIA ) ) SS. COUNTY OF ORANGE ) i NOTICE OF PUBLIC HEARING I am the Citizen of the United States and a BEFORE THE CITY COUNCIL OF THE EACH resident of the County aforesaid; I am over � CIREBYTY OF GIVEN thatTON on � NOTICE IS HEREBY GIVEN that on Monday, May the age of eighteen ears and not a art 3, mber at s:oo St in the City council g g years, party Chambers, 2000 Main Street, Huntington Beach, to or interested in the below entitled matter. the City Council will hold a public hearing on the following planning and zoning items: O. 09-012 1 am a principal clerk of the HUNTINGTON (APPEA 1. L OFTPLANN PLANNING IONAL USE PERMIT AP- BEACH INDEPENDENT, a newspaper of Thomas Hwang s616 ND mp Imperial WASH) Applicant: E. eneral circulation, printed and published in Anaheim Street, Long Beach, CA 90813 Appel, ' g p p loot: Larry Kennepohl, 3423 Starline Drive, the Cityof Huntington Beach Count of Rancho Palos Verdes, CA,90275 Request: To g Y permit the construction of an approximately Orange, State of California and the and so ft. express service nts, on building g and associated site improvements, on a 22,363 attached Notice is a true and complete co sq. ft. vacant lot. This request was approved by , p copy the Zoning Administrator on November 18, 2009 and approved by the Planning Comm as was printed and published on the ission March 9, 2010.'Location: 8471 Warner Avenue , following date S (northwest corner of Warner Avenue' and g ): Newland Street)Project Planner:Ethan Edwards NOTICE IS HEREBY GIVEN that Item #1 is categorically exempt pursuant to Section 15303 of-the California Environmental Quality Act, because the proposed project consists of the construction of a new commercial building with less than 10,000 square feet of floor.area not involving significant amounts of hazardous sub- stances on a site"where public services and facilities are available and the surrounding area is not environmentally sensitive. ON FILE: A copy of the proposed request is on April 22, 2010 file in the Planning Department, 2000 Main Street, Huntington Beach, California'92648,,for inspection by the public. A copy of the staff report will be available to interested parties at the,City Clerk's Office on Thursday, April 29, 2010., ALL INTERESTED PERSONS are invited to attend said hearing'and express opinions or submit evidence for or against the applications as outlined above.if you challenge the City Council's I declare. under penalty of perjury, that the action in,court, you may be limited to raising ;only those issues.you or someone else raised at foregoing is true and correct. the public hearing described in this notice, o"r in written correspondence delivered to the City at, or prior to, the public hearing. If there are any further question's please call the Planning Depart i ment at (714) 536-5271 and refer to the above items.Direct your written communications to.the Executed on April 22, 2010 City Clerk., Joan L.Flynn,City Clerk' at Costa Mesa, California City of Huntington Beach 2000 Main Street,2nd Floor Huntingtdn Beach,California 92648 (714)536-5227 ' Published Huntington Beach Independent April 22,2010 044}597 Signat i Huntington Beach Independent has been adjudged a newspaper of general circulation in Huntington Beach and Orange County by Decree of the Superior Court of Orange County, State of California,under date of Aug. 24, 1994,case A50479. PROOF OF PUBLICATION STATE OF CALIFORNIA ) ) SS. COUNTY OF ORANGE ) - - - - NOTICE OF PUBLIC HEARING BEFORE THE CITY COUNCIL OF THE I am the Citizen of the United States and a CITY OFHUNTINGTONBEACH NOTICE IS HEREBY GIVEN that on Monday, May resident of the County aforesaid; I am over 8, 2010, at 6:00 p.m. in the City Council Chambers; 2000 Main Street, Huntington Beach, the age of eighteen years, and not a party he City Council will hold a public hearing on 1he following plannin andg items: to or interested in the below entitled matter. Zi 1, CONDITIONAL USEZonin PERM T NO. 09-012 I am a principal clerk of the HUNTINGTON PROVAL �NEWLAND CAR W SF PLANNINGIH)ION Applicant: BEACH INDEPENDENT, a newspaper of Thomas Hwang, 616 imperial' L90 1050 el naheim Street, Long,Beach, CA 90813 Appel- lant: Larry Kennepohl, 3423 Starline Drive, general circulation, printed and published in Rancho Palos Verdes, CA 90275 Request: To permit the construction of an approximately , the City of Huntington Beach, County of 2,336 sq. ft. express service carwash building and associated site improvements, on a 22,363 Orange, State of California, and the sq.ft. vacant lot.This request was approved by the Zoning Administrator on November 18, 2009 attached Notice is a true and complete copy and approved by the Planning Commission on March'9, 2010. Location: 8471 Warner Avenue as was printed and published on the (northwest corner of Warner Avenue and Newland Street)Pro ect Planner:Ethan Edwards• following date(s): NOTICE IS HEREBI� GIVEN that Item #1 is categorically exempt pursuant to_Section 15303 of the California Environmental Quality Act, because the proposed project consists of the Construction,of anew commercial building with I less than 10,000 square feet of floor area not involving significant amounts of hazardous-sub- stances on a site where public services and facilities are available and the surrounding area is not environmentally sensitive. lN FILE: A copy of the proposed request is on ie in the 'Planning Department, 2000 Main April 22, 2010 Street, Huntington Beach, California 92648, for inspection by the public. A copy of the staff FeportCit will be available to interested parties at i the y Clerk's Office on Thursday; April 29, 2010. ALL INTERESTED PERSONS are invited to attend Said hearing and express opinions or submit 1 evidence for or against the application as putlined above.If you challenge the City Council's action in court, you may be limited to raising I declare, under penalty of perjury, that the Dnly those issues you or someone else raised at the public hearing described in this notice, or in foregoing Is true and correct. written correspondence delivered to the City at, or prior to, the public hearing. If there are any further questions please call the Planning Depart- tnent at (714) 536-5271 and refer to the above }tems.Direct your written communications to the Executed on April 22, 2010ityClerli. a Joan L.Flynn,City Clerk at Costa Mesa, California City Main Street,on e 2000 Main Street,2nd Floor Huntington Beach,California 92648 E (714)536-5227 Published Huntington.Beach Independent Apri 22.2010 Signa e e5-) 04,/L - x/ ,/✓0 NOTICE OF PUBLIC HEARING BEFORE THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH NOTICE IS HEREBY GIVEN that on Monday, May 3, 2010, at 6:00 p.m. in the City Council Chambers, 2000 Main Street, Huntington Beach, the City Council will hold a public hearing on the following planning and zoning items: ❑ 1. CONDITIONAL USE PERMIT NO. 09-012 (APPEAL OF PLANNING COMMISSION'S APPROVAL — NEWLAND CAR WASH) Applicant: Thomas Hwang, 616 Imperial LLC, 1050 E. Anaheim Street, Long Beach, CA 90813 Appellant: Larry Kennepohl, 3423 Starline Drive, Rancho Palos Verdes, CA 90275 Request: To permit the construction of an approximately 2,336 sq. ft. express service carwash building and associated site improvements, on a 22,363 sq. ft. vacant lot. This request was approved by the Zoning Administrator on November 18, 2009 and approved by the Planning Commission on March 9, 2010. Location: 8471 Warner Avenue (northwest corner of Warner Avenue and Newland Street) Project Planner: Ethan Edwards NOTICE IS HEREBY GIVEN that Item #1 is categorically exempt pursuant to Section 15303 of the California Environmental Quality Act, because the proposed project consists of the construction of a new commercial building with less than 10,000 square feet of floor area not involving significant amounts of hazardous substances on a site where public services and facilities are available and the surrounding area is not environmentally sensitive. ON FILE: A copy of the proposed request is on file in the Planning Department, 2000 Main Street, Huntington Beach, California 92648, for inspection by the public. A copy of the staff report will be available to interested parties at the City Clerk's Office on Thursday, April 29, 2010. ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit evidence for or against the application as outlined above. If you challenge the City Council's action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City at, or prior to, the public hearing. If there are any further questions please call the Planning Department at (714) 536-5271 and refer to the above items. Direct your written communications to the City Clerk. Joan L. Flynn, City Clerk City of Huntington Beach 2000 Main Street, 2nd Floor Huntington Beach, California 92648 (714) 536-5227 CADocuments and Settings\esparzap\Local Settings\Temporary Internet Files\Content.Outlook\EVZ11ETS\050310 (Newland Carwash).DOC NOTICE OF PUBLIC HEARING BEFORE THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH NOTICE IS HEREBY GIVEN that on Monday, May 3, 2010, at 6:00 p.m. in the City Council Chambers, 2000 Main Street, Huntington Beach, the City Council will hold a public hearing on the following planning and zoning items: ❑ 1. CONDITIONAL USE PERMIT NO. 09-012 (APPEAL OF PLANNING COMMISSION'S APPROVAL — NEWLAND CAR WASH) Applicant: Thomas Hwang, 616 Imperial LLC, 1050 E. Anaheim Street, Long Beach, CA 90813 Appellant: Larry Kennepohl, 3423 Starline Drive, Rancho Palos Verdes, CA 90275 Request: To permit the construction of an approximately 2,336 sq. ft. express service carwash building and associated site improvements, on a 22,363 sq. ft. vacant lot. This request was approved by the Zoning Administrator on November 18, 2009 and approved by the Planning Commission on March 9, 2010. Location: $471 Warner Avenue (northwest corner of Warner Avenue and Newland Street) Project Planner: Ethan Edwards NOTICE IS HEREBY GIVEN that Item #1 is categorically exempt pursuant to Section 15303 of the California Environmental Quality Act, because the proposed project consists of the construction of a new commercial building with less than 10,000 square feet of floor area not involving significant amounts of hazardous substances on a site where public services and facilities are available and the surrounding area is not environmentally sensitive. ON FILE: A copy of the proposed request is on file in the Planning Department, 2000 Main Street, Huntington Beach, California 92648, for inspection by the public. A copy of the staff report will be available to interested parties at the City Clerk's Office on Thursday, April 29, 2010. ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit evidence for or against the application as outlined above. If you challenge the City Council's action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City at, or prior to, the public hearing. If there are any further questions please call the Planning Department at (714) 536-5271 and refer to the above items. Direct your written communications to the City Clerk. Joan L. Flynn, City Clerk City of Huntington Beach 2000 Main Street, 2nd Floor Huntington Beach, California 92648 (714) 536-5227 GALEGALS\CITY COUNCIL\201 0\05031 0 (Newland Carwash).DOC WOW aan i 03 !t; WWI President C� 1-[untington POA 1_0 Sue Johnson 16 H.B. Chamber of Comnicrcc P-O. Box 791 19671 Quiet Bay Lane 19891 Beach Blvd..Ste. t40 Sunset Beach,CA 90742 Huntungtorr Beach,CA 92648 (fuotxagton Beach,t;.A 926-18 Dave Stefanides 167-351-11 Orange County Assoc.of Realtors Florence Celia Lubow Trust 25552 La Paz Road 22 Palma Vly Laguna Hills,CA 92653 Coto De Caza, CA 92679 President 3 Jeffrey M_Oderman 12 Pacific Coast Archaeological 18 Amigos De Bolsa Chica RUI'AN&TUCKER,LLP Society,Inc_ P.O. Box 1563 611 Anton Blvd., 141h Floor P_O_ Bog 10926 Huntington Beach,CA 92647 Costa Mesa CA 92626-1950 Costa Mesa,CA 92627 Attn_Jane Gothold Sunset Beach Community Assoc_ 4 Pres.,H_B_Hist Society Director 19 Pat Thies,President C/O Newland House Museum O.C. Plug.&Dev.Services Dept- PO Box 215 19820 Beach Blvd_ P_O. Box 4048 Sunset Beach,CA 90742-0215 Huntington Beach,CA 92648 Santa Ana,CA 92702-4048 President U5 Community Services Dept 14 Bryan Speegte 19 Huntington Beach Tomorrow Chairperson O.C. Resources&Develop_ Mgt Dept__ PO Box 865 Historical Resources Bd_ P_O. Box 4048 Huntington Beach,CA 92648 Santa Ana,CA 92702-4048 Julie Vandermost 6 Council on Aging 15 Planning Director 20 BIA-OC 1706 Orange Ave_ City of Costa Mesa 17744 Sky Park Circle, It 170 Huntington Beach,CA 92648 P_O. Box 1200 Irvine CA 92614 4441 Costa Mesa,CA 92628-1200 Richard Spicer 7 Jeff Metzel 16 Planning Director SCAG Seacliff HOA City of Fountain Valley 818 West 7th,12th Floor 19391 Shady Harbor Circle 10200 Stater Ave- Los Angeles,CA 90017 Huntington Beach,CA 92648 Fountain Valley,CA 92708 Jean Kimbrett 8 John Roe 16 Planning Director 22 c/o E_T_I_Corral 100 Seacliff HOA City of Newport Beach 20292 Eastwood Cir_ 19382 Surfdale Lane P.O. Box 1768 Huntington Beach,CA 92646 Huntington Beach,CA 92648 Newport Beach,CA 9266 3-89 1 5 Dave Guido t 9 Lou Mannone 16 Planning Director 23 Environmental Board Chairman Seactiff HOA City of Westminster 21241 Lochlea Lane 19821 Ocean Bluff Circle 8200 Westminster Blvd- Huntington Beach,CA 92646 Huntington Beach CA 92648 Westminster,CA 92683 Planning Director 24 Nancy Sebring 31 HB t-famptons HOA 38 City of Seal Beach Ocean View Elementary School District Progressive Community Mgmt 211 Eight St. 17200 Pmehutst Lane 27405 Puerta Real,#300 Seal Beach,CA 90740 Huntington Beach CA 92647 Mission Viejo,CA 92691 8 g lab sue 1"x 2 5/8" m Nle with Avery 051 160 � Ut ti� AVEyRY®5160® luettoOftnat 25 mt � t '516018160 ; _�--___-__ rev- er a 0 on- 0 1_Rnrl_t;Yl_Al FRY Easy Peel®Labels 0918/094 ^�algmww w x wus gZ lecwo ap alla Use Avery®Template 51600 d � ! 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IL+T } 9_4AA_GA_A�/CDV 1 -- — --- anb Q 09 i15�any aa'AL�woa ww L9 x ww 9Z letwol 6 +13 1 Easy Peel®Labels L�� Irw alq �0��.11 t Is�, sg ' �, ; Use Avery®Template 51600 F per expose Pop=Up a T ' J ® , 167-3 51-02 64 167-3 51-11 68 167-3 51-18 75 OCCUPANT OCCUPANT OCCUPANT 17071 NEWLAND ST 17032 VAN DYKE LN 8361 AMSTERDAM DR HUNTINGTON BEACH CA 92647 HUNTINGTON BEACH CA 92647 HUNTINGTON BEACH CA '92647 167-3 51-19 76 167-3 52-03 79 167-361-01 85 OCCUPANT OCCUPANT OCCUPANT 8351 AMSTERDAM DR 17071 VAN DYKE LN 8520 WARNER AVE HUNTINGTON BEACH CA 92647 HUNTINGTON BEACH CA 92647 FOUNTAIN VALLEY CA 92708 167-361-02 86 167-361-10 87 167-361-17 93 OCCUPANT OCCUPANT OCCUPANT 17050 NEWLAND ST 8543 EL RANCHO AVE 8550 WARNER AVE FOUNTAIN VALLEY CA 92708 FOUNTAIN VALLEY CA 92708 FOUNTAIN VALLEY CA 92708 lat)&l size 1"x 2 5/8"compatible with Avery®5 1160 Etiqu peter quett Inat 25 m R1 � t, ID5160/8160 'aVe c®°°� 1 Ifilicc Maxirmv@ C1Af1® rm.o or n rn nr Pnn_IInTm 1_Af3!!_5 ef'L_di\/FRv RECEIVED FR09A AS PUBLlC RECORD FUR OUNCIL MEETW OF CITY CLERK OFFICE JOAN L FLYNN,CITY CLERK May 3 , 2010"' Public Hearing Regarding Conditional Use Permit No. 09-012 Construction Of An Express Car wash at 8471 warner Avenue At Newland Street Presentation By Pepper Tree, Inc. Larry Am Kennepohl, President Stephen G. Shields, Chief Operations Officer t5 i f 1 I i' i p� Y F i ;�i, � '-it� ,•$t1`Sty, "tgttl j+'• �J1,r 1�.rCry r,��t "����� ' . . �. -��'* .�',� •.� �{- "1�_ "yam+,�� i r,�►��' +;�,;,- ,•ter ti.,. �.m _�-' - ,�.*" 4'7• � . y�A'6 • y e� y , Y s t ' R , a , . / y � K I t la s wvom+pt,sp'� -.. r� t� f � fi, ,s�tstq ,t a - eAnxa+ixt�rt;iy {fit cti:' t� r y dnEEEdddffflt lraerrtll { b f I . � •wf ey � � T � e {r'. e � _ il»' ,�S �, 1•{'•�`{'�n �J +!�' �6ft ✓4 a`j!".,i`�If'r✓t! j,����3,^+/'"�'it .N�,.6 > 1. 1 j „ra �•i�`,..y.��,�', '�'�� a ..• � �• � i I r - Staff Report - Attachment 3 - Applicant's Narrative "As 1 have Stated Before, We Have Another Car Wash With Similar Dimensions In Terms Of Turning Radius And Have Not Had Problems." *The Two Long Beach Sites Owned By Applicant Exit Directly Onto To The Street With A Right Turn. There Is No Turning Radius At The Exit. *Applicant's Car Wash At Santa Fe & Willow Illegally Directs Cars Off The Property Onto A Public Alley In Order To Get Sufficient Turning Radius To Enter The Tunnel. w"FFi$J fiiti i Iif or � � ff IRS. Is 13 _ f r i' mb gay FUAk ,�. x a• or 8 p ...'. ir -•�� i' � ;canauasrr (� dryT` !+ r�,�r ,�' ,i� .rvCt� •`� w, y + lut j�.j' �f n.caV�pii,. '�►�c+�i 1f'pi>�'s � 's� J `> c �4'w ,)a"; '4F;Gi: Err • p w"i��e5� ix�:w pp+{"*'o ( '�}Q} WITFW' a4 s'qhG 17�Y► A' c�`4 - Yp - e --- - ISTBO ry i C •hroef"x. d,�'.°..�a...1.n.omi.•�nrv.- 4�1i�.�4�6.. _ .r.�-� " ate 5c.? ai;.� I'�eie u � 17 F i i a � � k, ' � �� � rid �� d �3� ,i � �s � 'Ts�•'' �"�"������ _ '�� .. � � t �t4 f Arm r _ 4rv. '- -"'staxz Daily Aver by Week - Buena Park 800 1— coos 02 goo _ 600 500 —400 Sao - --- i 1 200 100 0 - I '`• `� � '� � ,�� �� �� �'� for �, t�� t� t�°� c� � � �, � 4r �� �� �� �°� ��, � Yelp . com Review of Tommy's Express Car Wash by Doreen B . , Long Beach , CA J u ly 25, 2009 "This place is pretty popular and the line gets doubled up on the lot as well as clear through to Willow, even though it trails around on Santa Fe. " 8 Tommy's Express Carwash- Long Beach, CA#hrid:oIYYPeM11dX18tL_ggN8tw/src:sear... Page 1.of 2 r' Now in the UK' Sign Up for Yelp Log In Tommy's Express Carwash ®®®®® based on 4 remeu�s - Category Car Wash (>_mij Add Pnolos n ?o- �• 1625 W.Willow St d " Long Beach,CA 90899 2 w Willow sf! (562)427-7211 f ti N 4 reviews for Tommy's Express Carwash w 2sm Sr 21 Review Matching"tommy's express car wash" People Who Viewed This Also Viewed... ®®®®® 41a0009 Tiiii K&L Car Wash g >: 00000 t review ;,� 'q✓y� Long Beach,CA Instead of spending 520-30 dollars on one of those"old school"car washes,or half a day at - Nick O Target looking for the right hose attachments to own wash(then get them home to realize the ----- Bixby Knolls Car Wash Los Angeles CA concept was much better on paper),zip on down to a Tommy Express Carwash near you J7.J,�5.j 9 reviews Long Beach,CA Unfortunately,I am not illthe Long Beach area that much,but I happened to be driving by and _ found this gem right at the lime my car looked like Los Angeles first tumbleweed rolling on the 405 -- ' Coast Car Wash Not only was it"exress"-they even included a hand dry at the end of the wash. While I am a big 00000 9 reveres fan of express washes in general nowadays,the one normal gripe is the poor dry-fob at the finish Long Beach,CA line Not here' They actually spend the extra time and labor on getting those final water streaks off your car l i Circle lviarrna Car t'vash `- i 0000Ci B reviews Thanks To ninyi Open up one in my neighborhood Long Beach CA . Vvas this review _v usPnn (21 F-r,m cool (2) Carwood Car Wash 2 " 00000 3 reviews !u Lakewood.CA L'eokrnaA. :;en.: n a�•eq:] Lr�k ro Tr­R.,­ rind owner comrrreN - All Reviews Related Lists More» - = Bow down when your Vr4:Sl _ Elite 10 ����� 7/25/2009 Comingto90810kWESISIDE 170 LONG BEACH'S Here's a — 128 WEST SIDERS-This review is for all 90810'ers Doreen B Long Beach.CA Tommy's Car Wash was built on a tot that was vacant for more than 5 years It used to be a 76 station-the one on Santa Fe&Willow where you could buy Benson&Hedges for 25 cents if you didn't want to buy a whole pack Fast forward,and now anyone who used to buy those stale single menthols nova have a place to wash their car so conveniently and quickly Much better than having to drive to Big Penny m Artesia if you are in a hurry to impress the person you are going to be picking up today;) Washes are S5-Express-Basic Soap and Water S6-Includes Rainbow Wax Sealant $7-Includes the above,and undercarriage wash.as well as free Annor All on the Tiles M-Th The vacuums are free if you get your car washed here They'll turn the meter on for you Ask for a business card,you can earn points for a free wash. Be nice to the guys here-they bust their hump and pre-soap and rinse ALL of the cards that come out here Even the owner's nephews Try coming during an"off hour'(when they first open,not during lunch.and not after everyone gets off work) This place is pretty popular and the line gets doubled up in the lot,as well as clear through to Willow even though it tails around to Santa Fe. VdaS this tevrew lb,r;ia {�j .mniy i3) Ci),i 12) ®®®W® 6129/2011 it - j-' OK I used to go to Bixby car wash a9 the damn time and spend arOUnd 520 or more for a vasn rr^P Sure you get your nips cleaned and all that out sometinies,actually most 11meS you lust want to get Lonq Beach CA m and get out You can do exactly that at Iontmys'Null up vacuum out your line on your or.,n and 111e11 pull around for the p;assure washei sprays down and a little bif of hand washing by Tommy and hu ciew S�un a!.i-F iv,ll get you fine armor all on your lies' I will probably never step go'nq to f3:xtly lot the hand wax aria full on detail job but for a quick wash I'll gorrg to-f ommys http://www.yelp-cobs/biz/tomniys-express-earwasli-long-beach 3/?I2010 s t , F � . Y - �' I a a�Y?�' a�� �rYA ,�`w� s���- .�•�;,`Ye�e` ,�.��:*', #,a ��awr�4:.rw-,�� a.� `a,�.�� ��� =# y f 1'y ............ A :rS,4 i14 y 2o3ri'eY,i�P'GlY7i i �mr*& ow"D&w!'(s a i %Neff �i.an a°rl r,.r. _ Tii` ./0• - cem 11 la+re ver, MqZ;_ i Al. 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"„ 4sIfA4 '�♦ )�q° �� - ,� ;}° � ��i4; ^Asi li'` A�.'� +rl � 4'�`, �2� _ '�� ,�I 'a ,�,� °K,�.� ..�,�.-SBc �°� °.',, d"� '"� 5'7 rr ��"k.�✓�+e a.µ, ':r. 3yr}e ! - i�. ,.r'�'. '�- 6'. �ra.�- �:t i�.a " yk*t .� ",;� .'t.`�t` ti, F�p "=• »a �' ,+a� a� � h 'a^^'. .�` `.! ny � 13z�-n;,.� �"-�� ,�E-� �.t#�� v4�''.�s �",:G�f�� ���, �.t;����3- "yy," .,i��i w. XTIT Jr. A` '7�.., k 5 9k� ,.a:• ,'�'' "'`�.#^'!ry _ 'o„4 '_e`4'r'°„� r I XI A'�S 'r� -,nr' P L"t� �r -�r' ..�,-,I y: �r}:'y, ✓� .�° �' - -- ., � ,. .. � �Y..�'�r'i,•-,..*v, �, �.�a-*° � �, -sue" `�-,�z�!'��.a.. �......�.—�3'"�,'��"�:�rp1�y� ..� .M#1" �"®jk°`�''•it".'>.°. ,. �. +-' " � ,t M 3 t- � .,�•�• •e .. u ro try�,r y,•w �e" .1,' C • .O• .. _ _ - ,a :. -.�..--....xa_�.s:.r Y�d plllbW „ ��"`Rye-� i� April 15, 2010 To Whom It May Concern: I am Frank Hobin, President of CR UZ THR U Car Wash in Bakersfield, CA. I have operated very successful full-service and express carwashes for over twenty years. Currently I own and operate seven express carwashes in the central valley. I have been asked by Larry Kennepohl to describe the problems I see with the proposed wash at Warner Avenue and Newland Street in Huntington Beach. As one who has operated both types of car washes, I can assure you that the Express Exterior wash is a totally different animal than a full service. Typically these washes can do in excess of 150 vehicles in an hour on their busier days. With that kind of traffic, it is essential that the staging to enter the wash is adequate to accept the volume and that entry into and exit out of the wash be unrestricted. Sharp turns and the use of a single point for entry and exit are a design for disaster. Cars leaving the wash must be able to leave quickly to keep the cars behind it from hitting one another but no matter what you do with this volume, accidents will happen and in the last year, I have had several cars leave the wash and crash into the wall. Recently, I had a customer fall asleep in the 90 seconds it takes to go through the tunnel and run into the bollards. This type of business requires a minimum of 30,000 square feet to function with a limited number of accidents and not cause cars to line up in the street, slowing traffic, while waiting to enter the wash. I would caution anyone building on a smaller property to consider other alternatives for the site. An Express Carwash of this type must be considered a very real safety hazard on a 150' x 150' property. Should you require additional information in this regard please do not hesitate to contact me. Sincerely, t � F WkIbin CRUZU Express Car Wash 3201 Panama Ln. Bakersfield, CA 93313 661.837.2309 W CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Califorrn/nia,, County of On IILJ j.3. 10 before me,` C(AVAIM SMnne CCX V I 1 GN t"`1t'�IL�l Date I Name and Title of Officer(e.g.,"Jane Doe,Motary Public") personally appeared Name(s)of Signer(s) r Ypersonally known to me ❑ (or proved to me on the basis of satisfactory evidence) JACCUHxd6M=MM to be the person(s)whose name(s)Dare-subscribed to the Commission# 1765493 within instrument and acknowledged to me that Notary hUbBC-CC4lfomla Kern County (Q`sfteft#ey executed the s me in�hert4i�ir authorized IMiK.aae�.fi�iMSBP2,2011 capacity(ies), and that by_r signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above Signature ignature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valua a to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached-Document Title or Type of Document: C\-NC�Q Document Date: - 1 i 1 Number of Pages: t Signer(s) Other Than Named Above: t lW, Capacity(ies) Claimed i by ner(s) Signer's Name: TQhk= 11 Y, Signer's Name: X Individual D Individual J Corporate Officer—Title(s): ❑Corporate Officer—Title(s): i=? Partner—F1 Limited D General ❑ Partner—❑ Limited [_1 General C Attorney in Fact ." D Attorney in Fact ° Trustee Top of thumb here ��Trustee Top of thumb here Guardian or Conservator L] Guardian or Conservator Other: G Other: Signer Is Representing: Signer Is Representing: 0 2006 National Notary Association•9350 De Soto Ave`.PO.Box 2402•Chatsworth,CA 91313-2402 Item No.5907 v609 Reorder:Call Toll-Free 1-800-876-6827 As one who has operated both types of car washes, I can assure you that the Express Exterior wash is a totally different animal than a full service. Typically these (Express) washes can do in excess of 150 cars per hour. . . . . . . . . . . . . . . Sharp turns and the use of a single point for entry and exit are a design for disaster. . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . ..no matter what you do, with this volume accidents will happen and in the last year I have had several cars leave the wash and crash into the wall. . . . . . . . . . An Express carwash of this type must be considered a real safety hazard on a 150' x 150' property. i5 �. � . .:, '.:} � �- ���+�.��ni�nNi�u�a;i��l�i�l�u'11ci►,i `.. • :�.. �..:.i-- "�.� .-n..�tti ws.Rx;:'S t .R41�rl,3�lY�IftaG,t�� ,I i w �1 /ice -- -� �•' ''�A� I - x i 1 IF /' ►. _ I • tl L"ii�.�i �. •� - Wf,PA�'L I ,,K �� . •7 �. ., NOTICE OF APPEAL TO CITY COUNCIL OF A PLANNING DEPARTMENT ACTION (OR POLICE) Date: 2/19/2010 To: Police Dept(1 Copy) Date Delivered N/A City Attorney(1 Copy) Date Delivered 3/18/2010 Planning D ept(2 Copie s) Date Delivered 3/18/2010 City Council Office (1 Copy) Date Delivered 3/18/2010 Administration (1 Copy) Date Delivered 3/18/2010 Filed By: Pepper Tree Inc. DBA Jiify Lube Re: Appeal of Conditional Use Permit No. 09-012 -Newland Carwash Tentative Date for Public Hearing TBD Copy of Appeal Letter Attached: Yes LEGAL NOTICE AND A.P. MAILING LIST MUST BE RECEIVED IN THE CITY CLERK'S OFFICE 15 DAYS PRIOR TO THE PUBLIC HEARING DATE Joan L. Flynn, CIVIC City Clerk (714) 536-5227 Fee Collected: $2,704.00 Form Completed by: Rebecca Ross, Senior Deputy City Clerk 14 Lt 13 AN 11. 22 F'-Y March 18, 2010 Att.- Joan Flynn, City Clerk City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 Re: Conditional Use Permit No. 9002-012 (Newland Carwash). Notice of Appeal Name and address of appellant: Larry Kennepohl 3423 Starline Drive Rancho Palos Verdes, CA 90275 Decision being appealed: Notice of Action, Conditional Use Permit No 09-012, dated March 9, 2010, granting approval for the construction of the Newland Carwash. Reason(s) for appeal: 1. Carwash tunnel is too long and does not allow sufficient space for vehicles to properly enter and exit the tunnel. 2. The site plan creates a bottleneck at the driveway on Warner between the vehicles exiting the tunnel and vehicles entering the wash. 3. The site is too small for the projected business. On high volume days the express wash will wash over 600 cars. The majority will be washed between 9:30am and 3:30pm. This will be well over 100 cars per hour. The wash can process at most 60 cars per hour. This will cause waiting customers to line up on Warner waiting tor enter the wash and impede traffic on the corner of Warner and Newland. 4. At the February 9, 2010 Planning Commission meeting the Commission voted to continue the consideration of the Appeal until the March 9, 2010 meeting. At that meeting the Planning Commission did not open the meeting for further public comments and as a result the Appellant and the neighboring property owner were unable to present new information and complete their comments on the project. Sinc ly, Larry ennep I Notice of FMIC Hearing — Uonclitional Use Hermit NU. U9- ___ 012- Newland Car.Wash-- 5-3-2010 Agenda Item # 7 nn, City Clerk 012H16209932 tington Beach UJ as he City Clerk 2 0 .4 4 Box 19000 QM each, CA 92648 of-- R. L 0412212010 �� Cr W_ 14 Mailed From 92040 US POSTAGE LEGAL NOTICE - PUBLIC HEARING 107-543-29 21 MARCELINA ORTIZ 8521 GLASGOW CIR HUNTINGTON BEACH CA 906a7 927 NFE 1 5091 00 04/26/LO RETURN TO SENDER 2ACS<- ORTIZ MOVE, LEFT NO ADDRESS UNABLE TO FORWARD RETURN TO SENDER BC: 92640019090 *2177-01594-26-26 cuc; kir_s11 926 @®190 nn, City Clerk , tington Beach ie City Clerk $00.414 3ox 190 B .a/Le,°'2o1 ach, CA 92648 Mailed Frame's 926—r.3 US POSTAGE LEGAL NOTICE - PUBLIC HEARING _ 167-351-02 64 SARAH F SHEEGOG 11551 GAIL LN GARDEN GROVE C ' NIXIE 927 OE 1 00 04/26/10 2ACS.X - RETURN TO SENDER NOT DELIVERABLE AS ADDRESSED UNABLE TO rOPUAP0 BC: 92e40019090 *2077-06701-26-25 C alc-Alvwx V2%"E0Q%90 UU.4 14 Box 190 - 1+_ 04/22/2010 each, CA 92648 uj U) _ Lr Mailed From 92648 CL US POSTAGE LEGAL NOTICE - PUBLIC HEARING o ' e• 107-664-09 34 YASUNARI HAYAMI 5837 WHITNALL HWY # 7 NORTH HOLLYWOOD CA 91601 Joan L. Flynn, City Clerk 02s16209932 City of Huntington Beach M, Office of the City Clerk W P.O. Box 190 0 .$00 . d 04/22/2010 _ Huntington Beach, CA 92648 Uj „ From 26d1 D US POSTAGE LEGAL NOTICE - PUBLIC HEARING 107-664-02 30 OCCUPANT 8471 WARNER AVE HUNTINGTON RF'AC}-I CA 92647 NIXIE 927 Da I RETURN TO SENDER 0 UNiO'OL.EC"i O FORWARD SC: 9:,e''.,549019090 *2077--0430e-- i20-•,2S CN 9z� 9� O M i I rn C Joan L. Flynn, City Clerk L- cCS City of Huntington Beach 0 c 1� 2� . , Office of the City Clerk $00.414 A = b.. P.O. Box 190 2 O , Huntington Beach, CA 92648 04 rrom 26 w E a.� �,� &�'kaiYec���raz:as ���48 US POSTAGE O e LEGAL NOTICE - PUBLIC HEARING �. co V 167-351-02 64 OCCUPANT 17071 NEWLAND ST B IIUNTINGTON RFACu CA 9?647 � NIXIE 927 om 1 00 04/.29/.10 RETURN TO SENDER NO SUCH NUMSEc:R uNAmL-e To FORWARD SC : 92640019090