TO: MAYOR AND CITY COUNCIL MEMBERS, CITY OF CHINO
FROM: WARREN MORELION, AICP, DIRECTOR OF DEVELOPMENT SERVICES
SUBJECT
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Appeal of PL24-0018 (Administrative Approval).
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RECOMMENDATION
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Adopt Resolution 2024-041, denying the appeal and thereby upholding the approval of PL24-0018 (Administrative Approval), based upon the findings and subject to the departmental conditions of approval.
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FISCAL IMPACT
Approval of the project could result in potential sales tax revenues from the ability to maintain store operations in the case of a power outage.
CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES
The recommendation detailed above further the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
• Responsible Long-Range Planning
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BACKGROUND
O’Reilly Auto Parts is located within the existing Big Lots commercial center at 12516 Central Avenue. On February 13, 2024, PL24-0018 (Administrative Approval) was submitted on behalf of O’Reilly Auto Parts for exterior modifications of an existing vacant commercial space, which includes the removal of a chain link enclosure and the addition of an emergency generator in conjunction with the expansion of the O’Reilly Auto Parts store into the adjacent tenant space to the south. O’Reilly Auto Parts wants to expand in order to utilize the Chino location as a larger “hub” store. This is a new concept for O’Reilly Auto Parts and as a part of the business expansion, emergency generators will be a standard for their larger stores. As part of the Administrative Approval (AA) application process, a 10-day public notice was mailed to adjacent property owners around the site on March 14, 2024. At that time, no concerns were expressed regarding the installation of the proposed emergency generator. As a result, the AA application was approved by the Director of Development Services on March 25, 2024.
After the application was approved, staff received a call from Bryan Angeles, a resident in the adjacent condominium complex to the west of the O’Reilly Auto Parts store. Mr. Angeles stated he has concerns with the existing nighttime noise coming from the commercial center, and with the potential noise from the proposed generator. Staff met with Mr. Angeles at the project site on April 4, 2024, to discuss his concerns, which were generally caused by noise from deliveries to other tenants within the shopping center during nighttime hours. Staff committed to talking to the other tenants in commercial center about reducing after hour delivers, and to working with O’Reilly Auto Parts on additional design solutions to mitigate the potential noise from the proposed emergency generator that included relocating the generator further away from the condominium development, increasing the height of the block wall enclosure around the emergency generator, and looking into other mechanisms to further mitigate potential noise that could come from the emergency generator. Mr. Angeles appreciated the meeting but proceeded in submitting an appeal to the approval of the AA application within the 10-day appeal period on April 4, 2024, requesting the approval of the emergency generator be overturned by the Planning Commission. On June 19, 2024, the appeal was presented to the Planning Commission and the Planning Commission unanimously voted to deny the appeal and uphold approval of the AA application. The Planning Commission staff report packet has been attached as Exhibit A for reference.
Following the Planning Commission hearing, Mr. Angeles submitted an appeal of the Planning Commission’s decision on June 28, 2024, requesting the City Council deny the request for an emergency generator based on the applicant not providing a site-specific noise analysis. The appeal application is provided as Exhibit B.
Planning Commission Appeal
As previously mentioned, Mr. Angeles verbally told staff at a site visit that noise emitted from the commercial center can be heard from the adjacent residential condominium complex, often during late night/early morning hours. The noise is primarily from delivery trucks making late night deliveries to the existing commercial tenants. In addition, Mr. Angeles outlined his concern regarding the potential noise that would come from the proposed emergency generator if it was allowed to be installed at the O’Reilly Auto Parts store. With these existing noise factors, Mr. Angeles stated he is concerned that the proposed emergency generator would exacerbate the existing nighttime noise in the area. Staff explained that the generator was being installed for emergency use only in the event of a power outage, so the store could remain operational. Following the meeting with Mr. Angeles, staff notified O’Reilly Auto Parts of the noise concerns and O’Reilly Auto Parts agreed to work with staff on solutions that would further reduce potential noise, while still maintaining an emergency generator at this location. It is important to note that while the City’s Municipal Code does not govern delivery hours for existing tenants in the commercial center, Code Enforcement staff did contact tenants in the center asking them to be a good neighbor and adjust delivery hours, so they are less impactful on the adjacent residential properties.
After the appeal application was received, staff engaged in multiple phone calls with Mr. Angeles and separately with O’Reilly Auto Parts to discuss possible modifications to the placement of the emergency generator at the site to help address Mr. Angeles’s noise concerns. Proposed modifications to the project design that were discussed included locating the generator further away from the adjacent condominium complex, increasing the height of the block wall enclosure, or locating the generator within the O’Reilly Auto Parts building. It was determined to be infeasible to locate the generator within the existing building; however, the project team for O’Reilly Auto Parts supported relocating the generator further away from the residential property, increasing the height of the enclosure wall from six feet to eight feet to further muffle the generator sound, and installing a muffler on the generator. Staff made several attempts to schedule a subsequent meeting with O’Reilly Auto Parts and the appellant to review the project modifications and collaborate on a solution that would satisfy both parties. A meeting was scheduled for May 3, 2024, with all parties; however, Mr. Angeles called staff the day of the meeting to cancel. Staff and the project team for O’Reilly Auto Parts did still meet. As a result, O’Reilly Auto Parts agreed to the following modifications from the existing approval to help address Mr. Angeles’s noise concerns and further mitigate the potential noise from the emergency generator, which are reflected in the plans and conditions of approval for the project.
• The emergency generator will be relocated from its original location of 84-feet to an increased setback of 118 feet from the adjacent residential property to the west.
• The proposed generator will include a muffler that will reduce noise emitting from the emergency generator to 51.2 dBa at a distance of 118 feet from the generator when in use. Exhibits C and D provide further information on the generator noise levels and manufacturer specifications.
• The height of the block wall enclosure for the generator will be increased from a 6-foot-high block wall to an 8-foot-high block wall enclosure to further mitigate potential noise, and the wall will be designed to be architecturally compatible with the existing commercial building.
• The generator is conditioned to only be used in the event of a power outage during business operation of the store. Once power is restored, the generator is required to be turned off.
During the Planning Commission appeal hearing, staff outlined the added changes to the project design and how the emergency generator meets the City’s Municipal Code requirements and would not impact to adjacent residential development. Mr. Angeles did not agree and explained his concern regarding the potential noise that would come from the proposed emergency generator if it was allowed to be installed at the O’Reilly Auto Parts store. Therefore, Mr. Angeles submitted an appeal of the Planning Commission’s decision to the City Council.
ISSUES/ANALYSIS
City Council Appeal
A site-specific noise analysis was requested by Mr. Angeles as part of the City Council appeal. Staff did ask O’Reilly Auto Parts to provide a site-specific noise study, but it was determined that this was not possible because the “hub” store concept is new and there is not a current “hub” store with a similar emergency generator currently in operation. The type of emergency generator that will be installed produces 129.7 dBa of noise without any noise mitigation measures (Exhibit C, Page 4, Figure 6). The emergency generator being installed at the Chino O’Reilly Auto Parts location will include a muffler with a protective metal casing that reduces the emergency generator’s noise level to 51.2 dBa at the west property line, which is 118 feet from the generator, based on the specifications provided by the manufacturer (Exhibit D). This noise level is similar to the noise produced by a household dishwasher and meets the City’s maximum noise allowance of 55 dBa during the hours of 7:00 am to 10:00 pm. In addition, an 8-foot-high block wall enclosure is also being constructed around the emergency generator that is expected to help reduce the noise level even further when the emergency generator is in operation. As previously mentioned, the proposed generator is for emergency purposes only in the case of a power outage and will only be utilized during operation of the O’Reilly Auto Parts store between the hours of 7:00 am to 10:00 pm. Over the past five years, O’Reilly Auto Parts has encountered zero power outages at the Chino location that would have necessitated the use of a generator to maintain store operations. Therefore, the use of the emergency generator at the O’Reilly Auto Parts store is expected to be very limited. In addition, any future testing of the emergency generator will only occur during daytime hours only, with no impact to adjacent properties.
Attachments:
Exhibit A - Planning Commission Staff Report Packet
Exhibit B - Appeal Application
Exhibit C - Generator Specifications
Exhibit D - Generator Sound Level Report
Exhibit E - Plan Set
Resolution 2024-041
Resolution 2024-041 Exhibit A