DATE: JUNE 19, 2024
TO: CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION
FROM: ANDREA GILBERT, CITY PLANNER
SUBJECT
title
Appeal of PL24-0018 (Administrative Approval) for the installation of an exterior back-up generator for O’Reilly Auto Parts located at 12516 Central Avenue in the Big Lots commercial center within the CG (Commercial General) zoning district.
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RECOMMENDATION
Adopt Planning Commission Resolution No. PC2024-015, 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.
BACKGROUND
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 include the removal of a chain link enclosure and the addition of an emergency generator at O’Reilly Auto Parts in conjunction with the expansion of the store into the adjacent tenant space to the south. O’Reilly Auto Parts is located within the existing Big Lots commercial center at 12516 Central Avenue. As part of the Administrative Approval (AA) process, a 10-day public notice was mailed to adjacent property owners on March 14, 2024. At that time, no concerns were expressed concerning the installation of the proposed emergency generator. As a result, PL24-0018 was approved by the Director of Development Services on March 25, 2024. After the application was approved, staff received a call from Bryan Angeles, an adjacent resident in the condominium complex, with concerns of existing nighttime noise from the commercial center and potential noise from the proposed generator. Staff met with Mr. Angeles at the project site on April 4, 2024, and listened to his concerns, which were generally caused by noise from deliveries to other tenants within the shopping center during nighttime hours. Staff committed to working with O’Reilly Auto Parts on a solution to potential noise from the proposed emergency generator, including relocating the generator, increasing the height of the generator enclosure, and looking into other mechanisms to mitigate potential noise that could come from the generator. Mr. Angeles appreciated the meeting but proceeded in submitting an appeal to the approval of PL24-0018 (Administrative Approval) within the 10-day appeal period on April 4, 2024 based on noise concerns. The appellant is requesting that the approval of the emergency generator be overturned by the Planning Commission.
Interior modifications for O’Reilly Auto Parts do not require approval of an AA by the Planning Division, however since the project included exterior improvements and the installation of an emergency generator for the store, an AA is required for those portions of the project. The purpose of the emergency generator is to allow the store to remain operational in the event of a power outage so that they may continue to serve customers. While primarily an auto parts store, O’Reilly Auto Parts also sells tools and equipment such as portable generators that are often in demand during widespread emergencies and power outages. O’Reilly Auto Parts is in the process of making an emergency generator a standard for their larger stores, which will include the Chino location once the expansion is completed. The approved AA includes the demolition of an existing chain link enclosure located on the south side of the building and the installation of an emergency generator which is located approximately 84 feet away from the west property line, shared with the adjacent residential condominium complex. The generator is proposed to be enclosed by a six-foot-high block wall designed to complement the existing building.
Appeal
In the appeal, Mr. Angeles outlined his concern regarding the potential noise from the proposed emergency generator at O’Reilly Auto Parts (Exhibit A). As previously mentioned, Mr. Angeles also 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. Noise is primarily from delivery trucks making late night deliveries to the existing commercial tenants. With these existing noise factors, the appellant is concerned that the proposed emergency generator would exacerbate the existing nighttime noise. Staff explained the generator was being installed for emergency use only in the event of a power outage so that 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 a solution that would limit noise and meet the City’s noise ordinance, while still maintaining a generator for this location. It is important to note that while the Chino Municipal Code does not govern delivery hours for existing tenants in the commercial center, Code Enforcement staff did ask the tenants to be neighborly and if possible, adjust the delivery hours to be less impactful on the adjacent residential properties.
Staff has 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 that were discussed included locating the generator further away from the adjacent condominium complex, increasing the height of the 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 from the residential property, increasing the height of the wall from six feet to eight feet to further muffle the 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 and Mr. Angeles called staff the day of the meeting to cancel. Staff and the project team for O’Reilly Auto Parts did 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, which are reflected in the plans and conditions of approval for the project.
• The emergency generator location will be re-located from the original location to increase the 84-foot setback from the adjacent residential property. As a result, the generator would now be approximately 118 feet away from the west property line.
• The proposed generator will include a muffler that will further mitigate noise emitted from the generator when in use. The muffler will reduce noise from the generator to 51.2 dBa at a distance of 118 feet from the generator when in use. Exhibits B and C provide further information on the generator noise levels and manufacturer specifications.
• To further reduce noise, the block wall enclosure for the generator will be increased by 2 feet to an 8-foot-high block wall enclosure. The enclosure will be architecturally compatible with the existing commercial building.
• The generator is conditioned to only be used in the event of a power outage. Once power is restored, the generator is required to be turned off.
Public Noticing
Pursuant to Section 20.23.140 (Public Notices and Hearings) of the Chino Municipal Code, a 10-day notice was mailed to all adjacent property owners noticed with PL24-0018 (Administrative Approval), and information was sent out on the City’s social media platforms. In response to the public notice, no comments have been received. The notice exceeds legal noticing requirements.
ENVIRONMENTAL REVIEW
Staff has performed a preliminary environmental assessment of this proposed project and has determined that it falls within Class 1 Categorical Exemption set for in California Environmental Quality Act (CEQA) Guidelines Section 15301, Existing Facilities. Furthermore, staff has determined that none of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines, section 15300.2 apply to the proposed project.
Attachments: Exhibit A - Appeal Application
Exhibit B - Generator Noise Levels
Exhibit C - Manufacturer Generator Specifications