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HomeMy WebLinkAbout31A - 100 W. MACARTHUR BLVD. REQUEST FOR COUNCIL ACTION ~fft\ ~"~~- ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: JUNE 6, 2005 TITLE: CONDITIONAL USE PERMIT NO. 2005-08 AND VARIANCE NO. 2005-04 TO ALLOW A CAR WASH, AFTER HOURS OPERATIONS AND TO REDUCE THE REQUIRED FRONT YARD SETBACK FOR A MOBIL SERVICE STATION AT 100 WEST MACARTHUR BOULEVARD - DAVID SHAMTOUB, APPROVED o As Recommended o As Amended o Ordinance on 15t Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For VAPPLICANT(C".LJ I (2I~-- CIT MANAGER CONTINUED TO FILE NUMBER RECOMMENDED ACTION Receive and file the staff report: 1. Denying Conditional Use Permit No. 2005-08 (a) to allow a car wash. 2. Approving Conditional Use Permit No. 2005-08 (b) as conditioned to allow after hours operation. 3. Approving Variance No. 2005-04 as conditioned. PLANNING COMMISSION ACTION On April 25, 2005, the Planning Commission held a public hearing on the proposed project. After receiving public testimony on the applications, the Commission denied Conditional Use Permit No. 2005-08 (a) to allow a car wash due to concerns with potential noise impacts and the incompatibility of the car wash with the adjacent residential uses. In addition, the Commission approved Conditional Use Permit No. 2005-08 (b) as conditioned to allow after hours operation and approved Variance No. 2005-04 as conditioned to reduce the required landscape setbacks for a Mobil Service Station in the Arterial Commercial (C5) zoning district at 100 West MacArthur Boulevard. The Planning Commission staff report is attached for your review (Exhibit A) . 31A-1 Conditional Use Permit No. 2005-08 Variance No. 2005-04 June 6, 2005 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. Stil!: !2fjg Executive Director Planning & Building Agency VF:rb vf\reports\cup05-08&va05-04.cc 31A-2 REQUEST FOR Planning Commission Action ~fft ~~~~. ~ PLANNING COMMISSION SECRETARY PLANNING COMMISSION MEETING DATE: APRIL 25, 2005 TITLE: PUBLIC HEARING - FILED BY DAVID SHAMTOUB FOR CONDITIONAL USE PERMIT NO. 2005-08 AND VARIANCE NO. 2005-04 TO ALLOW A CAR WASH, AFTER HOURS OPERATIONS AND TO REDUCE THE REQUIRED FRONT YARD SETBACK FOR A MOBIL SERVICE STATION AT 100 WEST MACARTHUR BOULEVARD Prepared by Vince Fregoso ~~)f!i Executive Director APPROVED o As Recommended o As Amended o Set Public Hearing For DENIED o Applicant's Request o Staff Recommendation CONTINUED TO ~ Planning Manager RECOMMENDED ACTION 1. Approve and adopt the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 04-240, with the exception of the Noise Study. 2. Adopt a resolution denying Conditional Use Permit No. 2005-08(a) to allow a car wash. 3. Adopt a resolution approving Conditional Use Permit No. 2005-08(b) as conditioned to allow after hours operation. 4. Adopt a resolution approving Variance No. 2005-04 as conditioned. DISCUSSION Request of Applicant Mr. David Shamtoub is requesting approval of two conditional use permits and a variance in conjunction with the expansion of an existing Mobil service station at 100 West MacArthur Boulevard. Specifically, the applicant is requesting approval of a conditional use permit to allow a car wash in conjunction with a service station and to allow a service station and convenience store to operate between the hours of 12: 00 midnight and 5:00 a.m. and a variance for a reduction in the IS-foot front yard setback requirement. EXHIBIT A 31A-3 Conditional Use Permit No. 2005-08 Variance No. 2005-04 April 25, 2005 Page 2 Property Description The project site is a 21,500 square foot parcel of land located on the southwest corner of Main Street and MacArthur Boulevard. The site contains a 1,900 square foot service station/auto repair building and 1,700 square foot canopy. The site is zoned Arterial Commercial (C-5) with a corresponding land use designation of General Commercial (GC) Surrounding land uses include commercial and multiple-family residential to the north, single-family and multiple-family residential to the south, commercial and vacant land to the east and commercial to the west (Exhibits 1 and 2) . Project Description The proj ect consists of two components: The remodel of an existing service station, including the removal of three existing service bays and the conversion of that space to a convenience store; and the addition of 200 square feet to the rear of the building for use as a self service car wash. Other improvements will be made to the site, including new wall signage, the removal of a nonconforming monument sign, a new loading zone, and additional landscaping that exceeds sizes required by the Santa Ana Municipal Code (SAMC) (Exhibits 3, 4, 5 and 6) . In accordance with the City's gas station parking standards, a six parking spaces are required and are provided for the project. station and convenience store intend to operate 24 hours a day, week. total of The gas 7 days a Analysis of the Issues Car Wash Use The proposed car wash, in conjunction with a service station use, requires the approval of a conditional use permit within the Arterial Commercial (C-5) zoning district. Given the car wash's close proximity to residential uses, staff has concerns with potential noise impacts generated from the use of the car wash. To address these concerns, a Noise Study was prepared by The Planning Center. The noise study analyzed both short-term construction and long-term operational impacts from the car wash. The study concluded that the car wash would result in noise levels that exceed the City's exterior noise standards found 31A-4 Conditional Use Permit No. 2005-08 Variance No. 2005-04 April 25, 2005 Page 3 within the Santa Ana Municipal Code (SAMC). Although mitigation measures were proposed that could reduce the noise level to an acceptable level, such as a 12-foot high sound wall along the southern edge of the car wash, the installation of a specific type of car wash system to minimize noise, and a restriction on car wash hours of operations, concerns still remain with the operations. Although the noise levels can be reduced, staff has concerns that the continual washing and drying noise will have adverse impacts on the residents to the south. Therefore, the proposed car wash will not contribute to the general well being of the community as the car wash is not a compatible use with nearby residential properties and due to the noise impacts resulting from a car wash. After Hours Operation A conditional use permit is also required for retail markets having less than 20,000 square feet and open anytime between the hours of 12: 00 midnight and 5:00 a.m. The proposed convenience store will be approximately 1,600 square feet in size and will operate 24 hours a day, 7 days a week. To avoid possible impacts associated with a 24 hour use, it is recommended that conditions be attached to the conditional use permit for the after hour operations of the convenience store. The Police Department conditionally supports the after hours operation of the service station and convenience store provided alcohol is not sold at the facility. Police Department conditions generally refer to business operations and physical improvements to improve employee and customer safety, such as requiring that pay phones be located within the interior of the store and maintaining visibility of the store interior from the street. The Police Department proposes a review of the project at 90 days, six months, one year and annually thereafter to ensure that the business is in compliance with conditions approved for the project. Setback Variance A variance for a reduction in landscaped setbacks along MacArthur Boulevard is required. Although Section 41-427 of the SAMC requires a 15 foot wide setback, Section 41-689 allows nonconforming service stations the ability to reduce the required setback provided an equivalent amount of landscaping is provided within view of the public street. Due to the size and shape of the lot, the applicant is unable to provide the required amount of landscaping. However, to bring the site closer into compliance with this requirement, the applicant has 31A-5 Conditional Use Permit No. 2005-08 Variance No. 2005-04 April 25, 2005 Page 4 provided additional landscaping at the northeast corner of the project site. Further, the applicant will be installing additional landscaping within the parking areas and around the building perimeter where feasible. Finally, the applicant will install landscaping that exceeds the minimum sizes required by code. Three Canary Island Pine trees, two within the MacArthur Boulevard setback and one within the parking area, will be increased in size to 36-inch box trees. These proposed enhancements will assist in bringing the site into closer code compliance and are supported by staff. At the April 11, 2005 Planning Commission public hearing, several items related to the applicant's request were raised. These issues, which included noise, 24-hour operations and architectural enhancements, resulted in a two week continuance to allow time for the applicant and the Nexus Companies to meet to discuss additional modifications to the project. Based on this meeting, the applicant has agreed to make several changes to the proj ect . These include incorporating a smooth trowel finish on the building (formerly standard stucco), add a soffit element on the east elevation to match the north elevation soffit and enhance the appearance of the building, provide a roof over the "open to sky" section of the car wash to increase the noise attenuation and the planting of six pine trees along the south property line. In addition, the gas station and car wash hours of operations were clarified to allow gas sales 24 hours a day, convenience store sales from 5:00 a.m. to 11:00 p.m., and car wash operations from 7:00 a.m. to 8:00 p.m. Finally, staff has requested the installation of a column and trellis along the east (exit) side of the car wash. The column and trellis will terminate where the 12-foot sound wall ends to the south and will assist in integrating the sound wall into the car wash design. The applicant discussed this modification with staff and has agreed to the concept. To ensure these items are addressed, staff has incorporated these elements as conditions of approval for the project. On April 25, 2005, the Planning Commission held another hearing on the proj ect. At the conclusion of this meeting, the Planning Commission determined that the car wash would create noise impacts that would adversely affect the adjacent land uses. Further, the Commission determined that the car wash was not a compatible land use with the residential uses to the south. 31A-6 Conditional Use Permit No. 2005-08 Variance No. 2005-04 April 25, 2005 Page 5 Based on the above analysis, staff recommends that the Planning Commission approve Conditional Use Permit No. 2005-08 (b) as conditioned to allow the after hours operation of the service station and convenience store and Variance No. 2005-04 as conditioned to allow a reduction in landscaped setbacks for the project. Additionally, staff recommends that the Planning Commission deny Conditional Use Permit No. 2005-08 (a) to allow the construction of a car wash in the C-5 zone (Exhibits 8, 9, 10 and 11) . CEQA Compliance In accordance with the California Environmental Quality Act, Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2004-240 has been prepared for this project (Exhibit 12). VF:JM vf\reports\cup05-08&va05-04.pc 31A-7 II I I M1 DYER RD. 0 M1 , M1 " M1 Ml M2 < . 0 R1 " oj Rd COLUMBINE R1 Rl ~ >-" u), a: ~ ~ o R1 ~ 8 KELLER AV Rl w. R1 o C; t Y of T us tin R1 j) C i t Y of Co s t a Me sa A1 -B C-SM C1 C1-MD C2 C3 C3-A C4 C5 GENERAL AGRICULTURAL PARKING MODIFICATION COMMERCIAL SOUTH MAIN COMMUNITY COMMERCIAL COMM. COMMERCIAUMUSEUM DISTRICT GENERAL COMMERCIAL CENTRAL BUSINESS CENTRAL BUSINESS-ARTIST VILLAGE PLANNED SHOPPING CENTER ARTERIAL COMMERCIAL CR GC M1 M2 MO o P PCD PRD COMMERCIAL RESIDENTIAL GOVERNMENT CENTER LIGHT INDUSTRIAL HEAVY INDUSTRIAL MILITARY OPERATIONS OPEN SPACE PROFESSIONAL PLANNED COMMUNITY DEVELOPMENT PLANNED RESIDENTIAL DEVELOPMENT R1 R2 R3 R4 RE SD SP SINGLE FAMILY RESIDENTIAL TWO FAMILY RESIDENCE MULTIPLE FAMILY RESIDENCE SUBURBAN APARTMENTS RESIDENTIAL ESTATE SPECIFIC DEVELOPMENT SPECIFIC PLAN ~ ~ CUP OS-aNA 05-4 MOBIL SERVICE STATION 100 WEST MAC ARTHUR BLVD. A rPY' - = 500 FEET ,. = 1000 FEET p L A N N N G A N o B U L EXHIBIT 1 31A-8 D N G A G E N c y A APARTMENTS SERVICE STATION I- W W a: I- en APARTMENTS BOULEVARD VACANT VACANT f-- ~ <( 0; ::> <( f-- CI) lU 0; A eW' MAC ARTHUR R ETA I L CONDOMINIUMS z <C ::E CUP os-aNA 05-4 MOBIL SERVICE STATION 100 WEST MAC ARTHUR BLVD. PLANNING AND BUILDING AGE N C Y EXHIBIT 2 31A-9 ~~...J a:l Z ; ~?iL1J = ! i B5-Cl Q ~ Ii il ~~~O *~ "=0 ':1: j! l~~~ t '" h 0 0 ,1 ~~L1J ~ !l 11 l;;~ 0 H! IIH ill,lqr III Ilh HI Ill!! .11 ,'J.ll iH ,liB ::! 0.. ~ o !H -- -- I:,'. ;.:... ..1 i ~ I ill III ; I l~d na ~ ::t:t: w 0:::: o ~ V) Z o - ~--.J <(w ~o ~o U~ -W >0:::: 0:::: W V) --.J a:l o ~ z o >< >< W ~~-rl ~._-'''.-~--:=~--=--=- I 1BlI1S NIVW I, I:, I:i f; ~~ I ; :; ~ , " " Q > ... . .. '\o-------::r------ :z: ... .. u c ,-,-._---, K. EXHIBIT 3 31A-10 r-- . I- ::! z ~ " is !;1 ~ ~ ~ ~z~ "" z~~ lli~~~~ ~~8~~ ~~~~~ 1;j Cl .:; ~ --: "! t1 ~~. 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Introduction Sound Wall Locations Existing Apartments (Noise Sensitive) 12-Foot Sound Wall Source: Omni Design Group. Inc. Mobil Oil Expansion Noise Study The Planning Center · Figure 5-1 ~~~If 4 ~ NOT TO 5CALE ~ Conditional Use Permit No. 2005-08 (b) April 25, 2005 Page 1 of 2 Findings of Fact A. Wi 11 the proposed contribute to the community? use provide general well a service being of or the facility which neighborhood or will the The proposed after hours operation of the service station and convenience store of between 12:00 a.m. and 5:00 a.m. will allow motorists and the community to purchase items generally unavailable during these hours from other retail establishments. B. Will the proposed use under the circumstances of the particular case be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity? The after hours operation of the service station and convenience store will not be detrimental to individuals residing and working in the area. Conditions have been incorporated into the proj ect to reduce adverse impacts that the proj ect might generate as the result of the after hours operation such as the requiring that pay phones be located within the interior of the store and ensuring that visibility is maintained from the street to the interior of the store will increase the safety of employees and users of the site. The after hours operation of the service station/convenience store, in conjunction with the proposed conditions, will not be detrimental to the health, safety or general welfare of persons working in the area. C. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The gasoline service station and convenience store will generate City tax revenue and employment in the community. During the hours proposed, the use provides services to the community and therefore the use will enhance rather than adversely affect the economic development or stability of the area. ~.ijlf 5 Conditional Use Permit No. 2005-08 (b) April 25, 2005 Page 2 of 2 D. Will the proposed use comply with the regulations and conditions specified in Chapter 41 of the S.A.M.C. for such use? The project has been designed to comply with the City's design and development standards for a service station use and will be in compliance with the regulations established in Chapter 41 of the Santa Ana Municipal Code. E. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed gasoline service station and convenience store is in an area designated General Commercial (GC) in the General Plan. The use is consistent with the General Plan and the Arterial Commercial (C- 5) zoning district which permits service stations and retail stores less than 20,000 square feet and open between midnight and 5:00 a.m. with a conditional use permit. 31A-16 Conditional Use Permit No. 2005-08 (a) April 25, 2005 Page 1 of 1 Findings of Fact A. Will the proposed contribute to the community? use provide general well a service being of or the facility which will neighborhood or the The proposed car wash will not contribute to the general well being of the community as the noise levels generated from the washing and drying functions of the car wash will adversely impact the surrounding residential uses. B. Will the proposed use under the circumstances of the particular case be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity? The proposed car wash will generate noise levels a minimum of 12 hours per day that will affect the resident's quality of life. Although the noise levels can be reduces, the car wash operations will still generate a significant level of noise that will affect the residents. C. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The car wash will adversely affect the surrounding residents as the attractive nuisance whose noise resident's quality of life. the economic stability of car wash will become an impacts will affect the D. Will the proposed use comply with the regulations and conditions specified in Chapter 41 of the S.A.M.C. for such use? The project has been designed to comply with the City's design and development standards for a service station use and will be in compliance with the regulations established in Chapter 41 of the Santa Ana Municipal Code. E. Will the proposed use adversely affect the General Plan or any specific plan of the City? The car wash is in an area designated General Commercial (GC) in the General Plan. The use is consistent with the General Plan and the Arterial Commercial (C- 5) zoning district which permits scar washes with a conditional use permit. 31A-17 APRIL 25, 2005 PAGE 1 OF5 Conditions for Approval Conditional Use Permit No. 2005-08 (b) is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the Uniform Fire Code, the Uniform Building Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below prior to exercising the rights conferred by this conditional use permit. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. A. Planning Division 1. The project shall remain in compliance with Site Plan Review DP No. 04-96. 2. Any amendment to this conditional use to the Planning Division for review. determine if administrative relief conditional use permit must be amended. permit must be submitted At this time, staff will is available or the 3. Lighting shall be provided along the south property line. The lighting shall be designed to provide lighting on the site as well as for the alley located to the south of the site. 4. The plans submitted for Building Division plan check note that the convenience store/car wash building incorporate a smooth trowel finish. shall will 5. The plans submitted for Building Division plan check shall note that a soffit element will be installed on the north and east elevations of the convenience store building. 6. Six 36-inch box trees shall be provided along the south property line as shown on a revised landscape plan. 7. Hours of operation for the convenience store shall be limited to 5:00 a.m. to 11:00 p.m., seven days a week. fl~'i 8 APRIL 25, 2005 PAGE20F5 Mitigation Measures 8. During construction, the contractor is required to comply with SCAQMD Fugitive Dust Rule 403 to suppress dust generated by construction operations. 9. All materials excavated or graded will be sufficiently watered to prevent excessive amount of dust. 10. All clearing and earthwork activities shall cease during period of high winds (winds greater than 25 mph averaged over one hour) or during Stage 1 or Stage 2 smog episodes. 11. Streets surrounding the project site should be cleaned at the end of each day of construction. 12. All materials transported off-site shall either be sufficiently watered or securely covered to prevent excessive amounts of dust. 13. Equipment engines shall be maintained in good condition and in proper tune according to manufacturer's specifications. 14. To the extent feasible, gasoline powered equipment shall be used for on-site and off-site construction activities. 15. The approved site plan for the project shall show the location of all monitoring wells on the project site. The site plan shall reflect that the monitoring wells would be accessible for monitoring and maintenance during the construction and operation of the project. 16. Prior to issuance shall coordinate Commission. of building permit, the proj ect with the John Wayne Airport applicant Land Use 17. Building plans for the sand/grease interceptor is wash area. project provided shall within reflect that a the proposed car 31A-19 APRIL 25, 2005 PAGE30F5 18. Building plans for the proposed project shall identify Best Management Practices that shall be employed during construction operations to minimize water quality impacts. 19. Building plans for the proposed project shall reflect that the proposed car wash would be a Mark VII Automated Car Wash System or the Ryko Car Wash System. Any modification/replacement to the car wash equipment shall be approved by the Planning Division to ensure compliance with the City's noise standards. 20. Building plans for the proposed project shall reflect a sound wall with a minimum height of 12 feet and a density of at least 4 pounds per square feet. The location of the sound wall shall be provided in accordance with the Noise Study. 21. Mitigation monitoring shall be conducted after construction of the proj ect to ensure that noise generated by the automatic car wash shall not exceed the City's exterior noise standard. If the operation of the automated car wash exceeds the City's standards, additional noise mitigation shall be required to achieve compliance with the City's exterior noise standard. Additional mitigation may include the installation of automated doors at the entrance and exit of the car wash or sound walls. 22. Construction plans for the proj ect shall reflect that construction operations would be limited to 7:00 a.m. to 8:00 p.m. Monday through Saturday, with no construction permitted on Sundays or Federal Holidays. 23. Prior to issuance of building permits, the applicant submit evidence to the Planning and Building Agency appropriate school impact fees have been paid. shall that B. Police Department 1. The existing building and parking lot must conform to the provisions of Chapter 8, Article I I Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). These code conditions will require that the existing project's lighting, door/window locking devices and addressing be upgraded to current code standards. Lighting standards cannot be located in required landscape planters. 31A-20 APRIL 25, 2005 PAGE40F5 2. The applicant shall be responsible for premises free of graffiti. All graffiti within 24 hours of occurrence. maintaining the shall be removed 3. The cash registers must be visible from the street at all times and shall not be obstructed at any time by temporary or permanent signage. 4. Window displays must be kept to a minimum for visibility and shall not exceed 25 percent of window Windows shall be kept clear of any advertising between three and six feet in height. maximum coverage. materials 5. Window displays and racks must be kept to a maximum height of three feet including merchandise and cannot obstruct the cashiers view to the outside. 6. A timed-access cash controller or a money drop safe capable of easily providing the cashier the ability to quickly deposit money into it must be installed. 7. Install a silent armed robbery alarm. 8. There shall be no coin-operated games maintained on the premises at any time. 9. All pay telephones shall be located inside the premises and be designed to allow outgoing calls only. 10. The petitioner(s) shall be responsible for maintaining the premises free of litter. 11. The conditional use permit shall be reviewed at ninety days, six months, at one year and then annually thereafter by the Police Department for any modification to the conditions of approval. 12. "No Loitering/Trespass" signs/placards shall be posted in the parking lot. The posted signs must conform to Penal Code Section 602. 13. Provide a Closed Circuit Television System capable of viewing and recording events inside the premises as follows: 31A-21 APRIL 25, 2005 PAGE50F5 (a) A minimum of one color camera at each cash register that views the front of a customer, from the waist to the top of the head. (b) A minimum of one color camera that views the full-length side of a customer at the cash register area. (c) A color camera recorder capable of recording events on all cameras simultaneously. (d) A tape or disc storage library of recorded cameras kept for a minimum of 60 days. (e) If videotape is used, tapes cannot be taped over more than six times. (f) An audio recording component that will record sounds occurring at the customer counter. 14. Clearly distinguishable height markers shall be installed on the inside doorjamb of all doors used by the public to access the store. Horizontal marks, one-inch wide by three-inch long, in different colors, and in a contrasting color to the background, shall be placed every six inches beginning at five feet and ending at six feet, six inches. 31A-22 Variance No. 2005-04 April 25, 2005 Page 1 of 2 Findings of Fact A. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, that the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this chapter. The project is an existing service station that had its setback on MacArthur reduced due to a street widening project several years ago. Due to this widening, and the location of the existing fuel pumps and building, it is infeasible to provide the required landscaped setback. The applicant has provided additional landscaping at the northeast corner of the site and within the interior of the project to mitigate the reduced setback. Therefore, due to the size of the lot, the strict application of the zoning ordinance would deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this chapter. B. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The granting of the variance for a reduction in landscaped setbacks will preserve the property owners ability to develop the property with a use that will benefit the community by providing gasoline and food service to commuters , individuals who work in the area and motorists utilizing the SR-55 freeway corridor. C. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The proj ect will not be materially detrimental to the public welfare or injurious to surrounding property as proposed. It is anticipated that the project will enhance the economic stability of the area by allowing the car wash component, thereby identifying the site as a vital, active commercial development. Therefore, it is not anticipated that the granting of the variance will be materially detrimental to the public welfare or injurious to surrounding property. ~"213 Variance No. 2005-04 April 25, 2005 Page 2 of 2 D. That the granting of a variance will not adversely affect the General Plan of the City. The granting of the a variance will not adversely affect the General Plan of the City since the proposed service station and convenience store have been designed in conformance with City zoning, development and General Plan requirements. 31A-24 APRIL 25, 2005 PAGE 1 OF4 Conditions for Approval Variance No. 2005-04 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the Uniform Fire Code, the Uniform Building Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below prior to exercising the rights conferred by this variance. The applicant must remain in compliance with all conditions listed below throughout the life of the variance. Failure to comply with each and every condition may result in the revocation of the variance. A. Planning Division 1. The project shall remain in compliance with Site Plan Review DP No. 04-96. 2. Any amendment to this conditional use permit must be submitted to the Planning Division for review. At this time, staff will determine if administrative relief is available or the conditional use permit must be amended. Mitigation Measures 3. During construction, the contractor is required to comply with SCAQMD Fugitive Dust Rule 403 to suppress dust generated by construction operations. 4. All materials excavated or graded will be sufficiently watered to prevent excessive amount of dust. 5. All clearing and earthwork activities shall cease during period of high winds (winds greater than 25 mph averaged over one hour) or during Stage 1 or Stage 2 smog episodes. 6. Streets surrounding the project site should be cleaned at the end of each day of construction. 7. All materials transported off-site shall either be sufficiently watered or securely covered to prevent excessive amounts of dust. 1f~1!'251 APRIL 25, 2005 PAGE20F4 8. Equipment engines shall be maintained in good condition and in proper tune according to manufacturer's specifications. 9. To the extent feasible, gasoline powered equipment shall be used for on-site and off-site construction activities. 10. The approved site plan for the project shall show the location of all monitoring wells on the project site. The site plan shall reflect that the monitoring wells would be accessible for monitoring and maintenance during the construction and operation of the project. 11. Prior to issuance shall coordinate Commission. of building permit, the proj ect with the John Wayne Airport applicant Land Use 12. Building plans for the sand/grease interceptor is wash area. proj ect shall provided wi thin reflect that a the proposed car 13. Building plans for the proposed proj ect shall identify Best Management Practices that shall be employed during construction operations to minimize water quality impacts. 14. Building plans for the proposed project shall reflect that the proposed car wash would be a Mark VII Automated Car Wash System or the Ryko Car Wash System. Any modification/replacement to the car wash equipment shall be approved by the Planning Division to ensure compliance with the City's noise standards. 15. Building plans for the proposed project shall reflect a sound wall with a minimum height of 12 feet and a density of at least 4 pounds per square feet. The location of the sound wall shall be provided in accordance with the Noise Study. 16. Mitigation monitoring shall be conducted after construction of the proj ect to ensure that noise generated by the automatic car wash shall not exceed the City's exterior noise standard. If the operation of the automated car wash exceeds the City's standards, additional noise mitigation shall be required to achieve compliance with the City's exterior noise standard. Additional mitigation may include the installation of automated doors at the entrance and exit of the car wash or sound walls. 31A-26 APRIL 25, 2005 PAGE 3 OF4 17. Construction plans for the proj ect shall reflect that construction operations would be limited to 7:00 a.m. to 8:00 p.m. Monday through Saturday, with no construction permitted on Sundays or Federal Holidays. 18. Prior to issuance of building permits, submit evidence to the Planning and appropriate school impact fees have been the applicant Building Agency paid. shall that B. Police Department 1. The existing building and parking lot must conform to the provisions of Chapter 8, Article I I Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). These code conditions will require that the existing project1s lighting, door/window locking devices and addressing be upgraded to current code standards. Lighting standards cannot be located in required landscape planters. 2. The applicant shall be responsible for premises free of graffiti. All graffiti within 24 hours of occurrence. maintaining the shall be removed 3. The cash registers must be visible from the street at all times and shall not be obstructed at any time by temporary or permanent signage. 4. Window displays must be kept to a minimum for visibility and shall not exceed 25 percent of window Windows shall be kept clear of any advertising between three and six feet in height. maximum coverage. materials 5. Window displays and racks must be kept to a maximum height of three feet including merchandise and cannot obstruct the cashiers view to the outside. 6. A timed-access cash controller or a money drop safe capable of easily providing the cashier the ability to quickly deposit money into it must be installed. 7. Install a silent armed robbery alarm. 8. There shall be no coin-operated games maintained on the premises at any time. 31A-27 APRIL 25, 2005 PAGE 4 OF4 9. All pay telephones shall be located inside the premises and be designed to allow outgoing calls only. 10. The petitioner(s) shall be responsible for maintaining the premises free of litter. 11. The conditional use permit shall be reviewed at ninety days, six months, at one year and then annually thereafter by the Police Department for any modification to the conditions of approval. 12. IINo Loitering/Trespass II signs/placards shall be posted in the parking lot. The posted signs must conform to Penal Code Section 602. 13. Provide a Closed Circuit Television System capable of viewing and recording events inside the premises as follows: (a) A minimum of one color camera at each cash register that views the front of a customer, from the waist to the top of the head. (b) A minimum of one color camera that views the full-length side of a customer at the cash register area. (c) A color camera recorder capable of recording events on all cameras simultaneously. (d) A tape or disc storage library of recorded cameras kept for a minimum of 60 days. (e) If videotape is used, tapes cannot be taped over more than six times. (f) An audio recording component that will record sounds occurring at the customer counter. 14. Clearly distinguishable height markers shall be installed on the inside doorjamb of all doors used by the public to access the store. Horizontal marks, one-inch wide by three inch long, in different colors, and in a contrasting color to the background, shall be placed every six inches beginning at five feet and ending at six feet, six inches. 31A-28 MOBIL OIL CARWASH/CONVENIENCE STORE INITIAL STUDY/MITIGATED NEGATIVE DECLARATION ER 2004-240 Prepared By City of Santa Ana Planning Department 20 Civic Center Plaza Santa Ana, CA March 2005 ffa~g MOBIL OIL CAR WASH/CONVENIENCE STORE INITIAL STUDY/MITIGATED NEGATIVE DECLARATION ER 2004-240 PROPOSED PROJECT The proposed project is a request for a conditional use permit to convert a portion of an existing service station and add to 200 square feet to an additional to an existing building to provide a convenience store and self-service car wash. SETTING As shown on Exhibit 1, the project site is an existing service station located at the intersection of Main Street and MacArthur Boulevard. The site consists of 21,413 square feet of area and currently contains four gasoline dispensers, and a 1,912 square foot building that includes a small snack shop and three service bays. Currently, located on the project site are several monitoring wells that are part of ongoing water quality remediation efforts. The project site is generally surrounded by a commercial strip center to the west, a vacant lot and the MacArthur Place South mixed use development to the east, an existing service station and multiple family apartments to the north and multiple family condominiums to the south. An existing alley and a 6-foot high block wall is located between the service station site and the condominiums to the south. The General Plan designation for the project site is General Commercial. The General Commercial designation applies to commercial corridors in the City, including Main Street. The intent of the designation is to provide neighborhood services such as service stations. The maximum site coverage allowed under the General Commercial designation is a FAR of 0.5. The zoning for the project site is Arterial Commercial. Under the Arterial Commercial designations, service stations and carwashes are conditionally permitted. 1 3~O Regional Location .: ;;:.:,:::; iJ:L .~~~;.~i~~L:L~d)3cc ,tQy~r Bd__z='/, ;."/ '--:. \\- t II' .L'YSArt~"'-~[j~'~~~~~~ , . .-,,"~,,--... ! I i,"} i~_~,~,,:~:.,.;;::~~~.;;<=~~~~~f'o~l~v.. .. - i ,__.L_ O' ~..~~::: I / " " .....,.. // -'" ),/'". '. .~ ./ -"', ~:<: ~~f:?j'; ...." \, IrVine '?-" <U~/ 'y; /""" ~ i. ~ -- ~i, /'/ ";:;:.~ 0 ~-~ ~C~~t~::_~-= -=-;: ,>">r-- l, J' , _ / - '-...{',/ / .....,/ '-.--- )"" ,/''-.'.,' John /'-" \ /'''''' /' .... . ~- /' Wayne >,./ Airport '-. -~~~.L ;~-'- /' .""-- " / /" // /a1:~~~~~~~ / /,< \ \Ip / \.( ,;>, >;" . x<~i~~~ / '.J '\ . ':<:.New,port:i> '.- , "<.... ...... > ,,' .",/'~,,,-,,, ./ ; Beach>:! /.\ Exhibit 1 "j.JT TO $.:AlE ~ 3t~1 PROPOSED PROJECT The proposed project involves the conversion of a portion of existing service station to a convenience store and car wash. To construct the proposed project three existing service bays would be eliminated. The area would be converted to a convenience store and carwash. An additional 200 square feet of area would be added to the existing building on the project site. The proposed project would have a total building area of 2,120 square feet and a FAR of .10. A site plan of the proposed project is shown on Exhibit 2. The proposed convenient store would consist of 1,598 square feet of area and would have a height of approximately 15- feet. The storefront would be along MacArthur Boulevard. The proposed car wash would consist of approximately 500 square feet of area and would be located on the southern end of the project site. The carwash would be set back 20- feet from the property line. Access to the project site would be provided from MacArthur Boulevard and Main Street. Vehicles would access the car wash along the western property line. The carwash lane would have a stacking distance of 60-feet. Vehicles would enter the carwash in easterly direction and would exit onto Main Street. A total of six parking spaces would be provided on the site. PROJECT PHASING/CONSTRUCTION The proposed project would be constructed in one phase. The construction operations would most involve interior tenant improvements and utility relocations. ENVIRONMENTAL ANALYSIS The following is an environmental analysis on the proposed project based on the City of Santa Ana CEQA Environmental Checklist Form. The analysis incorporates by reference the analysis and findings provided in the City of Santa Ana General Plan Land Use Element EIR. For each environmental issue, the analysis identifies the level of impact that is 2 3~~2 Proposed Project Layout MAC ARTHUR BLVD. __......._=--."v......."'" . -"-0._<'; ...._..~: .....- .-.... ~...~ -, Y"'t"""'_~_.'.oJ'. . -.-:-......""'--... ............... " ft~'__\ ::";'.~'::";'t..:.""--'\ :-~-Jrn-';~' , ',' l' ",', ' . .. ... , ~\I i i! r ~ :: . '., . . . :f i: ~-= ; ~=:, \, j~~ u ~ ".Ii ''--.<'=~=~~:=I-:-. ~=~~.;_.[=- .11, ,.u..um,-. ," " ',. - .. .J .. / I i /I c. a 0 L: ~,'l I I I I f-.-....'----- I 1 r'-'~'-' I I ,1.. I I ,hi ih; nL..._..__ ____._J" ! , : Li r:.-::?~~__._ 0 .C:::::_.l : I : I I :;:: ,; - ---=-rd~'f~~I~":~-~j{~r~-, -----."".-.- 1 ,;~~T~;.~+;.~':~::'~::', ,c.::. " ,: t.~?i: I. .' }20 j I.lL:t;~~~ j 1\ '1"'91 j ::;-.%.~--"- \~t if \\ n.-~,~r:~~~'./. ;~;,~:~",,"" ~':.-~i/(",./ ;:.'< c~~" ~~:<'::~~S,\ ~ " \",-~:""";~~:';'~ L~ \ /A"~ ..-: I(~ ....__, i n i l,-'-~'- 41; o ;t , ~---- , ." " '. "\" . '" '\,", "',' \> "'" '-...' \" " '-... , "- \... '" \>,,~' \' ~:... it i/ '\ \" 'A . ~;;_3~:_ "'>.0,,:,,=._--- (:O"""!/lliIEtifStO'f ]~ "1' "i,": " ;.~i r : ',.,- :, "',~.. ~ll ':~~-- 1...."...----.-----. 7. ..i ": i ~~.;, ~c.v:;:~-~--.. ~~~:...... ....-.F'.. ..... J" '-'-1"' -',.' ... w w '" ... VI 1\ : J\ 1[!! ~---~ Z <I: :: ~ J MECIU,";CALf':lUI'''olf'''t , '\.:~':~;:=~J ,_,O"'~ '-l-'''-''~\/'1-'/''-.'_I'''' 'r --.. ... ~ !i r ~ '~~~~~,:~~~~:.--?---=- - ,\.~ , r' .! ~! bPEN'~ ,0: ; "', :1 1''' \, ~4._ ~' d..! ,-=~~~ (~\ .......... -.::.-....--=-= F It~:.o II ,!~ !.' ~"=--.-;~ -...:."........... "..... 'I.... ! '"" '" \. ~ >, '~"'... " "'... "'~!-.,<~:~~~ '\" \'- ",,_ _~.' .r~_ ,- ....- -~- -', \...,..---- ---~_/// / ~:~-=:. j I . , ...J L__~..............-..... NOT TO SCALE ['] Exhibit 2 31A8'033 anticipated to occur. Where applicable, mitigation measures have been identified to reduce potentially significant impacts to a level considered less than significant. I. AESTHETICS A. Have a substantial adverse effect on a scenic vista? B. Damage scenic resources, trees, rock outpourings a State highway? including but not limited to and historic buildings within No Impact According to the City's General Plan Land Use Element EIR, the project site is void of any scenic vistas or scenic resources. Additionally, there are no scenic resources associated with a State Highway within the vicinity of the project site. Therefore, implementation of the proposed project would not result in adverse impacts to any scenic resource. C. Substantially degrade the existing visual character or quality of the site and it's surrounding? Less Than Significant Impact The City of Santa Ana has an adopted Urban Design Element that establishes policies, programs and design elements to enhance the aesthetic environment of the City. Development projects proposed in the City are reviewed for consistency with the Urban Design Element to measure aesthetic impacts to the environment. The design elements that are relevant to the project site includes; Districts and Paths. Districts According to the City's Urban Design Element, the project site is located within the Sandpointe Design District. The Urban Design Element establishes goals and policies to help guide the design of development projects proposed within a Design District. Specifically, land uses proposed within a Design District should exhibit high quality design and should incorporate design elements that are proportional and aesthetically related to the District setting. 3 31A~34 The proposed project has included architectural modifications, signage and landscape treatments to compliment the existing aesthetic environment. Through the City's site plan review process the design of the proposed project was determined to be in compliance with the intent of the district design element. Implementation of the proposed project would not degrade the existing visual character of the Sandpointe District setting. Paths Paths are means by which people travel throughout the City and serve as the framework for the City's urban form. Within the project area, the Urban Design Element identifies Main Street and MacArthur Boulevard as Paths. The proposed project would be consistent with the Path design element in that landscape planters would be provided along Main Street and MacArthur Boulevard to enhance the streetscape. D. Create a new source of substantial light or glare, which would adversely affect day or nighttime views in the area? Less Than Significant Impact The project site is currently improved with existing on- street lighting. Implementation of the proposed project would not introduce substantial new sources of light and glare into the project area. II. AGRICULTURE A. Convert Prime Far.mland, Unique Far.mland or Far.mland of Statewide Importance to non-agriculture use? B. Conflict with existing zoning for agriculture use or a Williamson Contract? C. Involve other changes in the existing environment, which, due to their location or nature, could individually or cumulatively result in loss of Far.mland, to non-agriculture use? No Impact According to the California Department of Conservation Farmland Mapping and Monitoring Program, the project site does not contain Unique Farmlands, Prime Farmlands or 4 31A8~5 Farmlands of Statewide Importance. Based on the City's General Plan, the project site is not planned for agricultural uses. Additionally, the project site is not included within any existing Williamson Contracts. A site visit conducted by the City's Environmental Coordinator confirmed the project site is currently not in agriculture production. Therefore, implementation of the proposed project would not result in adverse impacts to any agriculture resources. III. AIR QUALITY A. Conflict with or obstruct implementation of applicable Air Quality Attainment Plan or congestion Management Plan? No Impact The project site is located within the South Coast Air Basin and subject to the requirements of the Clear Air Act at both the Federal and State level, as implemented by the South Coast Air Quality Management District. The South Coast Air Quality Management Plan (AQMP) is the primary planning document to monitor if air quality standards and objectives are being achieved in the South Coast Air Basin. The air quality objectives in the AQMP are based upon population and growth projections provided in regional planning programs and local general plans. A project could be in conflict with the AQMP if it results in population and growth impacts beyond those identified in regional planning programs and/or local general plans. The proposed proj ect is consistent with the General Plan. Implementation of the proposed project would not exceed the population and traffic growth projections in the General Plan and would not be in conflict with the air quality objectives established in the South Coast Air Quality Management Plan. B. Violate any stationary source air quality standard or contribute to an existing or proposed air quality violation? Potentially Significant Unless Mitigation Incorporated As mentioned previously, the South Coast Air Quality Management District (SCAQMD) regulates air quality 5 31A'8J6 pollutants in the South Coast Air Basin. Pollutants for which ambient standards have set are referred to as criteria pollutants. Criteria pollutants include Ozone (03), Carbon Monoxide (CO), Nitrogen Dioxide (N02), Sulfur Dioxide (S02), and Particulate Matter (PMI0). The South Coast Air Basin is currently a non-attainment area for Carbon Monoxide, Ozone and Particulate Matter. The SCAQMD considers an air quality impact to be significant if it exceeds the criteria pollutant thresholds identified in the Table A-I. Table A-I EMISSION THRESHOLDS OF SIGNIFICANCE Project Pollutant Construction Tons/ Operations Pounds/Day Quarter Pounds/Day Carbon Monoxide 550 24.75 550 Reactive Organic Compounds 75 2.5 55 Nitrogen Oxides 100 2.5 55 Particulate Matter 150 6.75 150 Long-ter.m Operational Air Quality Impacts The primary source of long-term operational emissions associated with the proposed project would be generated by vehicle travel to and from the project site. A relatively minor amount of gaseous emissions would also occur from natural gas and electricity usage. The proposed project is consistent with the General Plan. The long-term operational emissions generated by the proposed project would be consistent with the air pollutant emissions projected within the General Plan Land Use Element ErR. Additionally, the proposed project would be developed at a level of intensity that would be less than maximum allowable intensity under the General Plan. Therefore, long-term air quali ty emissions generated by the proposed proj ect would be less that what was proj ected for in the General Plan Land Use Element EIR. Short-ter.m constructed Related Air Quality Impacts The majority of the construction operations for the proposed project would be interior tenant improvements. 6 31As-J 7 Given the minimal amount of area that would be excavated, less than significant air quality impacts are expected. However, dust generated from construction operations could be a nuisance to nearby land uses. To minimize dust impacts during construction, the proposed project would be subject SCAQMD Fugitive Dust Rule 403. To insure compliance with Fugitive Dust Rule 403 the following mitigation measure shall be implemented. Mitigation Measure · During construction, the contractor would be required to comply with SCAQMD Fugitive Dust Rule 403 to suppress dust generated by construction operations. To ensure compliance with SCAQMD Fugitive Dust Rule 403, grading plans and construction plans for the proposed project shall reflect the following notes: 1. All material excavated or graded will be sufficiently watered to prevent excessive amounts of dust. 2. All clearing and earthwork activities shall cease during period of high winds (winds greater than 25 mph averaged over one hour) or during Stage 1 or Stage 2 smog episodes. 3. Streets surrounding the proj ect site should be cleaned at the end of each day of construction. 4. All material transported offsite shall either be sufficiently watered or securely covered to prevent excessive amounts of dust. 5. Equipment engines shall be maintained in good condition and in proper tune according to manufacturer's specifications. 6. To the extent feasible, equipment shall be used for construction activities. gasoline onsite and powered off site c. Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard? Less Than Significant Impact 7 31&38 The proposed project would be consistent with the City's General Plan and the local growth forecasts for the Orange County sub region and regional emissions budget developed by the Southern California Association of Governments for the 1999 Air Quality Management Plan. SCAG has determined that the air pollution impacts of any project that conforms to local growth forecasts would be consistent with this forecast and the regional air quality impacts would be adequately mitigated by the Plan to a level considered less than significant. D. Expose Sensitive receptors to substantial pollutant concentrations? Less Than Significant Impact Implementation of the proposed project would not exceed the South Coast Air Quality Management District threshold for potentially significant long-term or short-term air quality impacts. Therefore, implementation of the proposed project would not expose sensitive receptors to any substantial concentrations of air quality pollutants. E. Create objectionable odors affecting a substantial number of people? Less Than Significant Impact The operation of the proposed proj ect would not generate significant objectionable odors to the public. During construction operations some obj ectionable odors could be emitted from construction equipment. However, the potential odor impacts would be short-term and would not be considered significant. IV. BIOLOGICAL RESOURCES A. Have a substantial adverse impact, either directly or through habitat modifications, on any species identified as a candidate, sensitive or special status species in local or regional plans, policies or regulations or by the California Department of Fish and game or U. S. Fish and Wildlife Services? B. Have a substantial adverse impact on any riparian habitat or natural community identified in local or regional 8 31As39 plans, policies, and regulations or Department of Fish and game or u.s. Service? by the California Fish and Wildlife C. Adversely impact federally protected wetlands either individually or in combination with the known or probable impacts of other activities through direct removal, filling hydrological interruption, or other means? D. Conflict with any local policies or ordinances protecting biological resources, such as tree preservation policy or ordinance? No Impact The project site is situated within an urban setting. According to the California Department of Fish and Game Natural Diversity Data Base and the City's Updated General Plan Land Use Element ErR, there are no sensitive biological resources located on or within the nearby vicinity of the project site. Therefore, implementation of the proposed project would not result in any adverse impacts to any sensitive biological resources. V. CULTURAL RESOURCES A. Cause a substantial adverse change in the significance of a historical resource as defined in Section 15064.5? No Impact According to the City of Santa Ana Local Register of Historical Structures and the Federal Register of Historical Structures, there are no historically significant structures located on the project site. B. Cause a substantial adverse change in the significance of a unique archaeological resource pursuant to Section 15064.5? C. Directly or indirectly disturb or destroy a unique paleontogical resource or site? D. Disturb any human remains, including those interred outside of for.mal cemeteries. No Impact 9 31A~40 According to the City's General Plan Land Use Element EIR there are no known cultural resources on the project site. Additionally, the project site is currently improved. The probability for the discovery of unknown cultural resources during construction operations would be remote. VI. GEOLOGY/SOILS A-I. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State geologist for the area or based on other substantial evidence of a known fault? No Impact According to the Seismic Hazard Zone Map, the proj ect site is not located within a current Alquist-Priolo Earthquake Faul t Zone for fault surface rupture hazard. The surface traces of any active or potentially active faults are not known to pass directly through or extend towards the project site. Therefore, the potential for surface rupture due to faulting occurring beneath the site during the design life of the proposed project would be considered low. A-2. Strong Seismic Ground shaking? Less Than Significant Impact The project site is situated within a highly active seismic region of southern California. A total of 38 active faults have been identified within an approximate 60-mile radius of the project site. The NewportjInglewood Fault located approximately 13 miles south from the City of Santa Ana is considered to be one of the most dominant faults in regard to potential seismic shaking impacts. The project site could potentially be subj ect to a maximum credible horizontal ground acceleration of O. 30g from a magnitude 6.9 earthquake along the NewportjInglewood fault zone. A seismic event of this scale could potentially result significant damage to the proposed proj ect. However, the seismic risks at the project site would not be considered significantly different from other areas in the southern California region. The proposed project would be subject to the seismic safety standards of the Uniform Building Code. Compliance with the Uniform Building Code would reduce potential seismic hazard impacts to a level considered less than significant. 10 31A~41 A-3. Seismic-related ground failure, including liquefaction? Less Than Significant Impact Soil liquefaction occurs when loose soil deposits below the water table are subjected to large ground accelerations generated from seismic events. Liquefaction is generally known to occur in saturated cohesionless soils at depths shallower than about 50-feet. According to the City's General Plan Land Use Element ErR, the project site is considered to have a High to Very High potential for liquefaction hazard impacts. The proposed project would be subject to the seismic safety standards of the Uniform Building Code. Compliance with the Uniform Building Code would reduce potential liquefaction hazard impacts to a level considered less than significant. A-4. Landslides No Impact The project area is flat without any topographical relief. According to City's General Plan Land Use Element EIR, there are no landslide planes or slopes on the project si te. Therefore, implementation of the proj ect would not result in adverse impacts in regards to landslides. B. Would the proj ect result in substantial soil erosion or the loss of topsoil? Less Than Significant Impact Erosion refers to the removal of soil from exposed bedrock surfaces by water or wind. The effects of erosion are intensified with an increase in slope, the narrowing of runoff channels and by the removal of groundcover, which leaves the soil exposed. Construction operations for proposed project would mainly involve interior tenant improvements. No substantial amounts of soil would be disturbed. Therefore, less than significant erosion impacts would occur. c. Would the project result in the loss of a unique geological feature? 11 31A'l!42 No Impact According to the City's General Plan Land Use Element EIR the proposed proj ect does not contain any unique geologic features. Therefore, implementation of the proposed project would not result in adverse impacts to any unique geologic feature. D. In the project located on strata or soil that is unstable or that would become unstable as a result of the project and potentially result in on-or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? Less Than Significant Impact According to the City's General Plan Land Use Element EIR the project site consists of Omni Series Soils that have high shrink/swell potential, high potential for corrosion of uncoated steel and moderate potential for corrosion of concrete. The soil conditions on the project site would not provide a significant constraint to the geologic stability of the project site. E. Where sewers are wastewater is the of septic tanks systems? not available for the disposal of soil capable of supporting the use or alternative wastewater disposal No Impact The project site is located within urban setting where sewer service is available. The proposed project would not require septic tanks or alternative disposal systems. VII. HAZARDS/HAZARDOUS MATERIALS A. Create a significant hazard to environment through the routine disposal of hazardous materials? the public transport, or the use or B. Emit hazardous emissions or handle hazardous or acutely hazardous materials, substance or waste within one- quarter mile of an existing or proposed school? Less than Significant Impact 12 31AtrA3 The proposed project would continue as a service station and would continue to involve the routine transportation, handling or storage of large quantities of hazardous materials. The proposed project would be required to comply with local, state and federal requirements regarding the handling and storage of hazardous materials. Compliance with local, state and federal regulations regarding the handling and storage of hazardous materials would reduce potential hazardous material safety impacts to a level that is considered less than significant. C. Be located on a site which is located on a list of hazardous material sites compiles pursuant to Government Code Section 659662.5 and, as a result, would it create a significant hazard to the public or the environment? Potentially Significant Unless Mitigation Incorporated The project site is currently occupied by an existing service station. In 1984 three gasoline underground storage tanks were removed. Both soil and groundwater on the project site was impacted by elevated levels of petroleum hydrocarbons, including MTBE. In 2001, the Santa Ana Regional Water Quality Control Board (SARWQCB) approved a corrective action plan for the project site, which involved the removal of 539 tons of soil and installation of groundwater extraction system. To monitor the progress of the clean up operations and the presence of contaminated water, five monitoring wells were installed on the project site. Subsequently, six additional monitoring wells were installed on the project site. Since 2001, quarterly status reports have been submitted to the SARWQCB. The reports indicate decrease levels of contamination. However, the existing monitoring wells would still need to be active during the construction and operation of the proposed project, until the time a closure letter would be issued by the Regional Water Quality Control Board. Mitigation Measures The approved site plan for the project shall show the location of all monitoring wells on the project site. The site plan shall reflect that the monitoring wells 13 31A~44 would be accessible for monitoring and maintenance during the construction and operation of the project. D. For a project located within an airport land use plan or where such a plan has not been adopted, within two miles where a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? Potentially Significant Unless Mitigation Incorporated According to the Orange County Airport Environs Land Use Plan, the project site is not located within an accident potential zone, or clear zone. The project site is included within the FAA Notification Area and would require coordination with the John Wayne Airport Land Use Commission. However, given the single story height of the proposed project, the proposed project would not pose an obstruction to air navigation and would not pose a hazard to people working in or residing in within the project area. Mitigation Measure Prior to the issuance building permits, the project applicant shall coordinate with the John Wayne Airport Land Use Commission. VIII. HYDROLOGY/WATER QUALITY A. Violate Regional Water Quality Control Board water quality standards or waste discharge requirements? I. Resulting an increase in pollutant discharges to receiving waters? J. Result in significant alteration of receiving water quality during or following construction. E. Otherwise substantially degrade water quality? K. Could the proposed project result in increased erosion downstream? N. Tributary to an already impaired water body, as listed on the Clean Water Act Section 303(d) list. If so, can 14 31AtrA5 it result in an increase in any pollutant of which the body is already impaired? o. Tributary to other environmentally sensitive areas? If so, can it exacerbate already existing sensitive conditions? P. Have a potentially significant environmental impact or surface water quality to either marine, fresh or wetland waters? R. Cause or contribute to an exceedance of applicable surface or groundwater receiving water quality objectives or degradation of beneficial uses? S. Impact aquatic, wetland or riparian habitat? Potentially Significant Unless Mitigation Incorporated The City of Santa Ana is included within four watersheds, San Diego Creek, Santa Ana River, Talbert and Westminster. Each of these watershed areas are under the jurisdiction of the Santa Ana Regional Water Quality Control Board and subject to the objectives, water quality standards and Best Management Practice requirements established in the Santa Ana River Basin Plan and Orange County Drainage Area Management Plan. The City of Santa Ana implements the goals, objectives and requirements of the Basin Plan and Drainage Area Management Plan through the City's Local Implementation Plan. Storm water flows from the proj ect site would be conveyed to Lane channel and the Santa Ana-Delhi Channel before ultimately discharging into Reach 1 of San Diego Creek. The Santa Ana Regional Water Quality Control Board has identified San Diego Creek as impaired by nutrients, sediments, metals and pesticides. The primary concern for water quality pollutants associated with the operation of the proposed proj ect would be from the car wash operation. Degraded water resulting from the washing of vehicles could result in adverse water quality impacts to downstream receiving waters. To minimize water quality impacts the proposed project would be required to install sand/grease interceptor. 15 31A8~6 Additionally, nuisance is another source of potential water quality impacts. Nuisance flows are defined as runoff that occurs during periods that are not usually associated with rainfall, and are most commonly produced from landscaping irrigation, leaking pipes, and water used to wash off surfaces tributary to the street. Since nuisance flows usually originates in the street, they commonly contain many common pollutants found in streets such as oil/grease, metals and sediment. Because the proposed project includes a service station use there is a higher potential for water quality impacts associated with substances such as oil and grease. The service station contains an existing clarifier, which retains oil and greases from entering into the local storm water system. Therefore, long-term water quality impacts from the operation of the proposed project would be less than significant. During construction operations there is the potential that surface water runoff could be degraded, if conveyed into the local storm drain system, potential adverse water quality impacts could occur to downstream receiving waters. To minimize potential construction related water quality impacts, the proposed proj ect would be required to employ Best Management Practices during construction. Mitigation Measure · Building plans for the proposed proj ect shall reflect that a sand/grease interceptor is provided within the proposed car wash area. · Building plans for the proposed project shall identify Best Management Practices that shall be employed during construction operations to minimize water quality impacts. B. Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level. Q. Have a potentially significant adverse impact on groundwater quality? No Impact 16 31A8~ 7 Construction operations for the proposed project would not require de-watering activities. Additionally, the proposed project would not interfere with ground water recharge because the site is not located in an area that is known to recharge the ground water system. The short-term construction operations and long-term operation of the proposed project would not have any adverse impact on groundwater supplies. C. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of stream or river, or substantially increase the rate or amount of surface runoff in a manner, which would result in flooding on or off-site? D. Create or contribute runoff water which, would exceed the capacity of existing or planned stor.m water drainage systems or provide substantial additional sources of polluted run-off? L. Result in increased impervious surfaces and associated runoff? M. Create a significant adverse environmental impact to drainage patterns due to changes in runoff flow rates or volumes. Less Than Significant Impact The project site is located within an urbanized area with improved drainage facilities. Based on a preliminary analysis of drainage conditions and facilities on the project site and the surrounding area, the City's Public Works Department has indicated that it is feasible that existing drainage facilities within the project area would be able to adequately drain the proposed project. F. Place housing within a lOO-year floodplain, as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? G. Place housing within a 100-year floodplain, as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? H. Place within a lOO-year floodplain structures which would impede or redirect flood flows? 17 31A8~8 No Impact According to the Flood Rate Insurance Map 0602320278H, the project site is located within Flood Zone X and not subject to lOO-year flood risks. Implementation of the proposed project would not increase the risk of flooding. IX. LAND USE/PLANNING A. Physically divide an established community? Less Than Significant Impact The proposed project would not physically divide any established community, in that no existing residential uses are located on the project site. The proposed project would essentially be the continuation of an existing use. No adverse land use compatibility impacts would be associated with implementation of the proposed project. B. Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project adopted for the purpose of avoiding or mitigating an environmental effect? Less Than Significant Impact The proposed project is consistent with the General Plan and conditionally permitted in the City's Zoning Ordinance. Implementation of the proposed project would not be in conflict with any planning programs or policies in the City. C. Conflict with any applicable habitat conservation plan or natural community plan? No Impact According to the City's General Plan Land Use Element EIR, the project site is not included within any habitat conservation plan or any natural community conservation plan. X. MINERAL RESOURCES A. Result in the loss of availability of a locally important mineral resource recovery site delineated on 18 31A8~9 a local general plan, specific plan or other land use plan? No Impact According to the City's General Plan Land Use Element EIR there are no areas in Santa Ana designated as significant Mineral Aggregate Resource Areas. Therefore, implementation of the proposed project would not result in the loss of any regionally or locally important mineral resource. XI. NOISE The proposed project has the potential to generate noise during project construction and operation, which may affect sensitive receivers within the project area. Noise impacts generated by the proposed project would be subject to noise standards established in the City's Municipal Code Noise Ordinance. Noise Regulations Noise is most often defined as unwanted sound. Sound pressure magnitude is measured and quantified using a logarithmic ratio of pressures, the scale of which gives the level of sound in decibels or dB. Typically, a 3dB increase over existing noise levels is perceptible to the human hearing system. The human hearing system is not equally sensitive to sound at all frequencies. Therefore, to approximate this human, frequency-dependent response, the A-weighting filter system is used to adjust measured sound levels. When sound is measured for distinct time intervals, the statistical distribution of the overall sound level during that period can be obtained. The energy-equivalent sound level, Leq, is the most common parameter associated with such measurements. The Leq metric is a single-number noise descriptor, which represents the average sound level over a given period of time. To account for the increased sensitivity of people to noise occurring at night, a number of noise metrics have been developed. Two of the more commonly used metrics are the Day-Night Sound Level (Ldn) and the Community Noise Equivalent Level (CNEL). The Ldn, which was developed by 19 3tA8~O the United States Environmental Protection Agency, is a 24- hour average sound level (similar to a 24-hour Leq) in which a 10 dB penalty is added to the Leg occurring between the hours of 10:00 PM and 7:00 AM. CNEL, which was developed for use in the California Airport Noise Regulations, is similar to the Ldn except that a five dB penalty is also added for noise occurring during evening hours from 7:00 PM to 10:00 PM. Therefore, both the L~ and CNEL noise metrics provide 24-hour averages of A-weighted noise levels at a particular location. The distinction is that Ldn includes a nighttime adjustment while the CNEL metric includes both an evening and a nighttime adjustment. For noise generated from vehicle traffic, CNEL and Ldn can be used interchangeably because noise levels would differ between these two noise descriptors by less than one dB. Stationary Source Noise Standards The City of Santa Ana uses an hourly exterior noise standard to regulate stationary sources of noise. This hourly exterior noise standard has allowances for higher noise levels that would occur for shorter time periods. For example, the exterior noise level standard is set at 55 dBA over 30 minutes of an hour. This means that 50% of the noise levels measured in an hour can not exceed 55 dBA. The corresponding noise statistic (Ln) for this is L50 which is calculated by dividing 30 minutes over 60 minutes and shows that noise level that is exceeded 50% of the time. Another example is the 60 dBA exterior noise standard which is allowed to occur for 15 minutes of a 60 minute hour or 25% of the time (15 minutes divided by 60 minutes). Table N-l below shows exterior stationary noise standards and their corresponding Ln. Noise Table N-l Standard and Correspond Ln (dBA) 75 70 65 60 55 City Maximum Exterior Noise Standard Time Allowed to Occur Maximum 2 minutes Corresponding Ln Maximum L(2) 5 minutes L (8) 15 minutes L (25) 30 minutes L (50) The City of Santa Ana Noise Regulation is provided in Article 6 of the Municipal code. The standards address both exterior and interior noise impacts. 20 31A~51 Exterior Environment Noise Standards The following standards from the City noise ordinance apply to exterior noise impacts. A. Table N-2 identifies the exterior noise standards for residential areas. All residential uses are in Noise Zone 1. The following noise standards, unless otherwise specifically indicated, shall apply to all residential property within a designated noise zone: Table N-2 EXTERIOR NOISE STANDARDS Noise Zone Noise Level Time Period 1 55 dB(A) 7:00 a.m. - 10:00 p.m. 1 50 dB(A) 10:00 p.m. - 7:00 a.m. 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). B. It shall be unlawful for any person at any location within the City of Santa Ana to create any noise, or to allow the creation of any noise on property owned, leased, occupied, or otherwise controlled by such person, when the foregoing causes the noise level, when measured on any other residential property, to exceed: . The noise standard for a cumulative period of more than thirty (30) minutes in any hour; or . The noise standard plus five (5) dB (A) for a cumulative period of more than fifteen (15) minutes in any hour; or · The noise standard plus ten (10) dB (A) for a cumulative period of more than five (5) minutes in any hour; or · The noise standard plus fifteen (15) dB (A) for a cumulative period of more than one minute in any hour; or 21 31A~2 · The noise standard plus twenty (20) dB (A) for any period of time. C. In the event the ambient noise level exceeds any of the first four (4) 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. Interior Noise Standards The following standards from the City's Noise Ordinance apply to interior noise impacts. A. Table N-3 identifies the exterior noise standards for residential areas. The following interior noise standards, unless otherwise specifically indicated, shall apply to all residential property within a designated noise zone: Table N-3 INTERIOR NOISE STANDARDS Noise Zone Noise Level Time Period 1 55 dB (A) 7:00 a.m. - 10:00 p.m. 1 45 dB (A) 10:00 p.m. - 7:00 a.m. B. It shall be unlawful for any person at any location within the City of Santa Ana to create any noise, or to allow the creation of any noise on property owned, leased, occupied, or otherwise controlled by such person, when the foregoing causes the noise level, when measured on any other residential property, to exceed: . The noise standard for a cumulative period of more than thirty (30) minutes in any hour; 22 31A-53 25 of 85 . The noise standard plus five (5) dB(A) for a cumulative period of more than fifteen (15) minutes in any hour; . The noise standard plus ten (10) dB (A) for a cumulative period of more than five (5) minutes in any hour; or · The noise standard plus fifteen (15) dB (A) for a cumulative period of more than one minute in any hour; or . The noise standard plus twenty (20) dB (A) for any period of time C. In the event the ambient noise level exceeds any of the first four (4) 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. Construction Noise Provisions According to the Noise Ordinance noise sources associated with construction, repair, remodeling, or grading of any real property are exempt from regulation, provided said activities do not take place between the hours of 8:00 p.m. and 7:00 a.m. on weekdays, including Saturday, or any time on Sunday or a federal holiday. Existing Setting The project site is located at the southwest corner of MacArthur Boulevard and Main Street in the City of Santa Ana. Both MacArthur Boulevard and Main Street are heavily traveled roadway arterials. The project site is adjacent to the MacMain Plaza to the west and condominiums to the south the project site. Certain land uses are particularly sensitive to noise. As specified in the City's General Plan Noise Element, noise- sensitive uses include residential, school, and open space/recreation uses where quiet environments are 23 31A-54 26 of 85 necessary for enjoyment. The nearest sensitive receivers are residential condominium uses located 61 feet to the south of project site across a parking lot of the MacMain Plaza. Currently, a six feet masonry block wall separates the project site from the parking lot and another 6 feet wall separates the parking lot from the condominiums. Noise Monitoring Noise monitoring was conducted on February 27, 2005 (Sunday) during the hours for which the automated car wash would operate, which is 7 AM to 9 PM. Sunday was chosen for measurements because this day would be expected to have the lowest traffic noise and hence this would be the day that any increases in noise from the project would be most noticeable. Noise measurements were conducted in the MacMain parking lot between the project site and the condominiums to the south. The monitoring location is described below and shown in Exhibit 3; Time Leq Lmax Lmin L(2) L (8) L(25) L(50) 7:00 AM 57 74 47 64 60 56 54 8:00 AM 56 76 45 62 59 56 53 9:00 AM 58 73 46 67 61 58 56 10:00 AM 65 73 54 68 67 66 65 11:00 AM 66 76 63 68 67 66 66 12:00 PM 64 81 51 67 66 65 64 1:00 PM 63 85 50 71 64 62 60 2:00 PM 62 78 55 68 64 62 60 4:00 PM 64 71 59 68 66 64 63 At the MacMain Parking Lot noise levels were relatively low for being in proximity of MacArthur Boulevard and Main Street. These low noise levels are due to the distance of the sound level meter from MacArthur Boulevard and Main Street as well as the presence of a six feet wall, which provides noise attenuation for both streets. The noise levels are very low in the early morning hours, increase in the afternoon and decrease in the evening. Ambient noise levels are higher at locations closer to Main Street or MacArthur Boulevard which are the primary sources of noise proximate to the project site. Table N-4 identifies the monitored ambient noise levels. The noise measurements demonstrate that the ambient noise level is lower than the City's exterior noise standards for various hours of the day. Table N-4 Morning Peak Hour - Ambient Noise Monitoring Summary (dBA) 24 31A-55 27 of 85 l. ~ ,,' --I {\><>',J I j! '\-, -,~ '-j. '\' <'''J '->~~~,~ \" i ~ '\~ " .I / I! i __.~~.,.....,.....--..---,--.----.".-....". I ~?;:?/;~0'7,7;:~W:////-;;:0::/~;~~: '/ :j /~ ~ ~ '. r "'~-- Existing Commercial ~:~; :,<</>j-:/', %//(//<~< '/,<'-;.<>:'-: ':>/ //.,..;./,,/~, Existing Apartments (Noise Sensitive) . Noise Monitoring Location Exhibit 3 ~ /" /, :~' ,"/ ~/ Noise Monitoring Locations and Noise Sensitive Receivers MAC ARTH R BLVD. /,/-" '. r T~Ij~'~7-- 1 i 1/ I l r , l. ;I. c. ".,=i 1':'''- I . I:' '. I' ' ., j, , f;; ~ ~ ;~.. '-'h---..L--~-r-:'-;~---f--"j ~ '..t I'" \ '\;; \" '. ........ 4: :E ;,.,J .;...... ~ ! . [...,/' /.~ Existing Apartments (Noise Sensitive) T NOT TO SCALE ['] 31~~R56 6:00 PM 59 74 48 64 62 60 56 7:00 PM 56 74 45 62 59 56 54 8:00 PM 55 71 46 63 59 55 53 City's Exterior Noise Standards 75 70 65 60 55 IMPACTS A. Exposure of persons to or generation of noise levels in excess of standards established in local general plan or noise ordinance, or applicable standards of other agencies. C. A substantial per.manent increase in ambient noise levels in the project vicinity above levels existing without the project. Potentially Significant Unless Mitigation Incorporated Long-term operational noise impacts would be associated with the operation of the carwash and service station. Operational noise impacts generated by the proposed project would be considered stationary source noise impacts and would be subject to regulation by the City's Municipal Noise Ordinance. A proposed project would have a significant adverse noise impact if the project would exceed the Stationary Source Noise Standards shown on Table N-1, Exterior Noise Standards shown on Table N-2 and the Interior Noise Standards shown on Table N-3. The long-term operation of the proposed project would involve noise generated from gas station customers purchasing and pumping fuel, purchasing items from the convenience store and using the automated car wash. Noise associated with customers purchasing fuel entails vehicle ingress/egress, door slams, car starts and possibly speech. Noise from customers purchasing and pumping gasoline would not change from existing conditions and as such would not represent a significant increase in noise. The majority of customers using the project's convenience store would also be those that are purchasing gasoline and as such would not generate any additional noise than those purchasing fuel. Those customers that pass by and only purchase items from the convenience store would not generate substantial levels of noise due to the low speeds of vehicles accessing the project site and the very short duration and magnitude of noise generated by engine starts and door slams compared to the eXlstlng nOlse enVlronment. 25 3~17 The primary source of noise associated with the operation of the proposed project would be from customers utilizing the automated car wash. The automated car wash generates noise from sprayers that apply detergent and water, brushes (if used), blowers used to dry the car and equipment used in the car wash process. Two different types of automated car washes are being considered by the project developer. One utilizes the Mark VII automated car wash system which is a freestanding car wash. Freestanding car wash equipment are situated on a track that moves along the entire extent of the car spraying water, detergent and blowing dry the vehicle. Noise measurements of a Mark VII car wash in Fountain Valley were taken on February 24 and shown in Table N-5. The loudest portion of the Mark VII wash process is the pressurized water sprayers and the air blower. The second automated car wash equipment being considered by the project developer is the Ryko car wash system, which employs water sprayers and cloth brushes that operate along the entire extent of the car being washed. After the car is washed, the driver of the car slowly drives the car to a fixed place blower, which dries the car as it passes. The loudest portion of the Ryko car wash process is the blower. Noise measurements were also obtained of the Ryko car wash equipment in the City of Garden Grove on March 7, 2005. Exterior Noise Impacts The City of Santa Ana Noise Ordinance establishes maximum hourly exterior noise standards for the hours of 7 AM to 10 PM. The proposed car wash activity would occur from 7 AM to 9 PM. The hourly noise levels of the two sets of car wash equipment being considered was calculated based on a peak number of 10 car washes per hour1. As shown in Table N-5, the calculated hourly noise levels would exceed the City's exterior noise standard for either type of car wash system. As such, the automated car wash would result in a significant impact to the noise environment and mitigation would be needed to meet the City's exterior noise standard. To reduce potential noise impacts to a level considered less than significant, a 12-foot sound wall is recommended between the proposed carwash and the existing 6-foot block wall along the project site's southern property line. 1 Based on an estimate of car washes per hour at an existing automated car wash owned by of David Shamtoub, located at 25800 S. Western Avenue, Harbor City, 26 3tA~~8 Exhibit 4 shows the location of the recommended sound wall. To ensure the effectiveness of the sound wall noise monitoring is also recommended once the operation of the proposed project begins. Interior Noise Impacts Based on noise levels shown N-5 the proposed project would be able to meet the City's interior noise standard. A typical residential structure provides 12dB noise attenuation with windows open, from exterior to interior noise levels. With windows closed, a 24 dB noise reduction would typically occur. With this level of noise attenuation, the City's interior noise standard would be achieved with either a windows open or windows closed condition. No mitigation would be necessary. Table N-5 Automated Car Wash Noise (dBA) ~aximuml L(2) L(8) L(25) L(50) MARK VII GARWASHEQJ!lIPSEN':E' Hourly Noise Level at Property Line of Condominiums City Noise Standards Exceeds Exterior Noise Standard? MAR1('........VII..........GAR.........WASHuSQUI Hourly Noise Level at Windows/Balconies of Condominiums City Noise Standards Exceeds Exterior Noise Standard? RYKQ... GAR..WASHEQu..r.PMSNT Hourly Noise Level at Property Line of Condominiums City Noise Standards Exceeds Exterior Noise Standard? R:y-.l{'O CAR.......WASHEQUIPMEN'I.' Hourly Noise Level at Windows/Balconies of 61 61 61 60 75 No 70 No 65 No 60 No 60 60 59 58 75 No 70 No 65 No 60 No 65 64 63 60 75 No 70 No 65 No 60 Yes 27 31A8~9 57 55 Yes 55 55 Yes 51 55 No 47 Sound Wall Locations , , _ ,.., ,. A ~RTHr BLVD, .~ \ \ JA~ - l.--i.-l _ _--.J _ ~--- i LJ~ \:'1 "'S~ \ \ / ..._1 ~ Existing Apartments (Noise Sensitive) Existing ; Apartments ;.; (Noise Sensitive) --- 12-Foot Sound Wall Exhibit 4 >- w w <>: >- :J ~ 1- ! ~ . i ': ! : , i ; , NOT TO SCAlE [IJ 31~fRO Condominiums City Noise Standards 75 70 65 60 55 Exceeds Exterior Noise No No No No No Standard? The Planning Center, March 8, 2005 Cumulative Operational Noise Impacts The primary noise sources within the project area vicinity are vehicle traffic along MacArthur Boulevard and Main Street. Noise levels decrease with distance from these sources. Noise sensitive uses such as the condominiums located south of the project site are currently exposed to substantial levels of noise from Main Street and secondarily from MacArthur Boulevard. While noise generated by the proposed project would be in compliance with the City's exterior and interior noise standards, project generated noise would still be discernable and will contribute to the overall noise level in the area. MITIGATION MEASURES . Building plans for the proposed project shall reflect that the proposed car wash would be a Mark VII Automated Car Wash System or the Ryko Car Wash System. . Building plans for the proposed project shall reflect a sound wall with a minimum height of 12 feet and a density of at least 4 lbs. per square feet. The location of the sound wall shall be provided in accordance with Exhibit N-1. . Mitigation monitoring shall be conducted after construction of the project to ensure that noise generated by the automated car wash shall not exceed the City's exterior noise standard. If the operation of the automated car wash exceeds the City's standards, additional noise mitigation shall be required to achieve compliance with the City's exterior noise standard. Additional mitigation may include the installation of automated doors at the entrance and exit of the car wash or sound walls. D. A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without project. 28 3'A~~1 B. Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels. Potentially Significant Unless Mitigation Incorporated Construction operations associated with the proposed project would increase existing noise levels within the project area. Noise generated during construction is a function of construction equipment used, the location of the equipment, and the timing and duration of the noise-generating activities. Construction of the proposed project is anticipated to commence October 2005 with an estimated duration of 3-6 months. Construction noise levels reported in Noise from Construction Equipment and Operations, Building Equipment, and Home Appliances, (United States Environmental Protection Agency (EPA), 1971) were used to estimate future construction noise levels for the proposed project. Typically, the estimated construction noise level is governed primarily by the highest noise producing pieces of equipment. Table N-6 presents typical noise levels generated at varying distances from project construction sites during various construction phases and under minimum and maximum equipment usage scenarios. Table N-6 presents noise levels for the various construction phases. The nearest noise sensitive use is the condominium complex 61 feet to the south of the project site. Noise Levels at Table N-6 Project Construction Minimum Required Equipment in Use1 (50 feet from Project Sites (dBA Leq) All Applicable Equipment in Use1 ConstruCtion) Construction Phase Reference Noise Levels Ground 84 84 Clearing/Demolition Excavation 79 89 Foundation 78 78 Construction Building 76 85 Construction Finishing and Site 76 89 Cleanup Noise Levels at Condominiums (61 feet South from Project Construction) Ground 82 82 Clearing/Demolition Excavation 77 87 Foundation 76 76 29 31A-62 34 of 85 Table N-6 Noise Levels at Project Construction Sites (dBA Leq) Construction Building 74 83 Construction Finishing and Site 74 87 Cleanup Construction of the proposed project would not be expected to use large quantities of construction equipment. The addition of the convenience store, car wash and walls would primarily be constructed by hand with possible use of a backhoe for building footings. Consequently, noise levels generated from project construction would be expected to generate those noise levels listed under the minimum required equipment in use. As such, noise levels may intermittently range from 74-82 dBA Leq at the nearest noise sensitive use, which are the condominiums to the south of the project site. To reduce potential construction related noise impacts to a level that would be less than significant the proposed project would be required to comply with the City's Noise Ordinance by limiting the hours of construction activity from 7:00 AM to 8:00 PM Monday through Saturday and no construction activity on Sundays and Federal Holidays. Mitigation Measure . Construction plans for the proposed project shall reflect that construction operations would be limited to 7 AM to 8 PM Monday through Saturday, and not permitted on Sundays or Federal Holidays. E. For a project located within an airport land use plan or where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? Less Than Significant Impact The Airport Environs Land Use Plan for Orange County establishes policies and standards to protect the public from the adverse effects of aircraft noise. The Airport Environs Land Use Plan establishes two Noise Impact Zones around the vicinity of John Wayne Airport. Noise Impact Zone 1 is areas where the CNEL is greater than 65db CNEL. 30 31A-63 35 of 85 Noise Impact Zone 2 is areas where the CNEL is 60 dB or greater, but less than 65dB. The project site is located approximately 900-feet outside of the 60 dB CNEL. Therefore, the project site would not be significantly impacted with aircraft noise. XII. POPULATION AND HOUSING A. Induce substantial population growth in an area, either directly or indirectly through extension of roads or other infrastructure. B. Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere. C. Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? No Impact The proposed project is consistent with the General Plan. Implementation of the proposed project would not induce additional population growth into the area, nor would it displace any existing households or housing. XIII. PUBLIC SERVICES Fire Protection: Less than Significant Impact The Santa Ana Fire Department would provide fire protection and emergency medical services for the proposed project. According to the Santa Ana Fire Department, implementation of the proposed project would not significantly increase the demands for fire protection services over current levels of demand within the project area and that under existing levels of manpower and equipment, they would have the ability to provide adequate fire protection services. Additionally, through the City's development review process, the fire department has reviewed and determined that the proposed project would provide adequate fire protection facilities and services. Police Protection: Less Than Significant Impacts The Santa Ana Police Department would provide police protection services for the proposed project. According to the Santa Ana Police Department, implementation of the 31 3'A~4 proposed project would not significantly increase the demand for fire protection services over current levels of demand within the project area and that under existing levels of manpower and equipment, they would have the ability to provide adequate fire protection services. Schools: Less Than Significant Impact The project site is included within the boundaries of the Santa Ana Unified School District (SAUSD). Implementation of the proposed project would not directly generate project-specific demands for new school facilities. However, the project would be subject to provide school impacts fees to help address cumulative impacts to school services in SAUSD. To help fund new construction of school facilities, SAUSD levies the maximum State approved impact fee of $0.33 per square feet of commercial area. The payment of fees to the district would mitigate impacts on school services to a level considered less than significant. To insure payment of school services, the following mitigation measure shall be implemented. Mitigation Measure . Prior to the issuance of building permits, the project applicant shall submit evidence to the City of Santa Ana Building and Planning Department that appropriate school impact fees have been paid. Parks, Other Public Facilities: Less Than Significant Impact The proposed project involves the construction and operation of a service station/car wash. Implementation of the proposed project would not significantly increase the demands for additional park facilities or other public facilities. XIV. RECREATION A. Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? 32 3'A~5 B. Does the project include recreational facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment. No Impact The proposed project involves the operation of a service station/carwash. Implementation of the proposed project would not increase the demands for existing recreation facilities or generate the demand for additional recreation facilities. xv. TRANSPORTATION/TRAFFIC A. Cause an increase in traffic, which is substantial in relation to the existing traffic load and capacity of the street system? B. Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? Less Than Significant Impact The proposed project is consistent with the City's General Plan and the traffic projections within the Circulation Element. The Public Works Department has determined that implementation of the proposed project would not result in significant project-related traffic impacts or individually or cumulatively exceed any required level of service established by the City or by the County's Congestion Management Program. C. Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? No Impact The proposed project involves the operation of a service station/carwash. Implementation of the proposed project would not result in any changes to air traffic patterns. The proposed project would not result in any substantial safety risks related to aircraft traffic. 33 3~A~6 D. Substantially increase hazards to a design feature Less Than Significant Impact Construction operations associated with the proposed project could result in a short-term increase of construction traffic volumes within the project area. However, the increased level of construction traffic is not expected to significantly increase vehicle or pedestrian hazards within the project area. E. Result in inadequate emergency access Less Than Significant Impact As part of the City's development review process, the Fire Department has reviewed the proposed project for potential impacts in regards to emergency access. The Fire Department has determined that adequate emergency access would be provided. F. Result in inadequate parking capacity Less Than Significant Impact In accordance with the City's parking standards, the proposed project is providing a total of 6 onsite parking spaces. No adverse parking impacts would be associated with the proposed project. G. Conflict with adopted policies supporting alternative transportation No Impact The proposed project would not be in conflict with any adopted policies regarding alternative modes of transportation. Implementation of the proposed project would not displace existing public transportation facilities. XVI. UTILITIES A. Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? 34 31A8~7 B. Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? E. Result in the deter.mination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the providers existing commitments. Less Than Significant Impact The City of Santa Ana and the Orange County Sanitation District would provide wastewater service to the project site. A combination of local sewer lines and a 39-inch trunk line located along Main Street would provide wastewater service to the site. The treatment of wastewater would be provided at Reclamation Plant 1 in the City of Fountain Valley. The proposed project is consistent with the City's General Plan and therefore would be consistent with the City's urban Water Management Plan. The wastewater demands of the project are accounted for in the Urban Water Management Plan. The proposed project would not significantly increase the demand for wastewater service over current levels wastewater demand within the project area. Through the City's development review process, the Public Works Department has indicated that the City would have the ability to provide adequate water service to the project site. The proposed project would be required to provide appropriate sewer connection fees with the City of Santa Ana and the Orange County Sanitation District. No adverse impacts in regards to the provision of adequate wastewater service would be associated with the proposed project. c. Require or result in the construction of new stor.m water drainage facilities or expansion of existing facilities, the construction of which could cause significant effects. Less Than Significant Impact The project site is located within an urbanized area with improved drainage facilities. Implementation of the proposed project would not significantly increase the 35 31A8~8 amount of surface water runoff generated from the project site. Implementation of the proposed project would not require the construction of new drainage facilities that would impact the environment. D. Are sufficient water supplies available to serve the project from existing entitlements and resources or are new or expanded entitlements needed? Less Than Significant Impact The proposed carwash use would increase the demand for water service over current levels water demand within the project area. However, the project is consistent with the General Plan and water demands for the project are accounted for the in the Urban Water Management Plan. Through the City's development review process, the Public Works Department has indicated that the City would have the ability to provide adequate water service to the project site. No adverse impacts in regards to the provision of adequate water service would be associated with the proposed project. F. Is the project served by a landfill with sufficient per.mitted capacity to accommodate the project's solid waste disposal needs? G. Comply with federal, state and local statutes and regulations related to solid waste? Less Than Significant Impact The City of Santa Ana would provide solid waste disposal service for the proposed project. The proposed project would not significantly increase the demand for solid waste disposal over current levels of demand within the project area. Additionally, the City has adopted a Source Reduction and Recycling Element, which, establishes programs to reduce the City's overall demand for solid waste disposal. No significant adverse impacts would be associated with providing solid waste disposal service for the proposed project. 36 31A~9 XVII. MANDATORY FINDINGS OF SIGNIFICANCE A. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory. No Impact Implementation of the proposed project would not substantially reduce the habitat of fish, wildlife species, or cultural resources in that no fish, wildlife populations or cultural resources are known to exist on the project site. B. Does the project have impacts that are individually limited but cumulatively considerable? Less Than Significant Impact Implementation of the proposed project would not result in significant cumulative impacts. The proj ect' s incremental contribution would not be cumulatively considerable because the proposed project would comply with the applicable requirements of the uniform building code, conditions of approval, mitigation measures and applicable City Ordinances, which provide specific requirements that would avoid any significant cumulative impacts within the project area. C. Does the project have environmental effects, which will cause substantial adverse effects on human beings either directly or indirectly? Less Than Significant Impact The project would not have any direct or indirect adverse impacts on human beings. Mitigation measures have been required for the construction and operation of the proposed project to insure that the project would not have a direct or indirect adverse significant impact to human beings or the environment. 37 314At870 XVIII DETERMINATION Based upon the evidence in light of the whole record documented in the above environmental evaluation and cited references, I find that the proposed project could not have a significant effect on the environment and a Mitigated Negative Declaration has been prepared. XVIV REFERENCES City of Santa Ana General Plan, September 1982 City of Santa Ana General Plan Land Use Element EIR, SC No. 97071058, October 1997, Noise Study Mobile Car Wash, The Planning Center, March 2005 City of Santa Ana Zoning Ordinance, December 1998 City of Santa Ana Noise Ordinance South Coast Air Quality Management District CEQA Air Quality Handbook, 1993 California Environmental Quality Act Statues and Guidelines, 2001 Site Visit by Dan Bott Environmental Coordinator, March 2005 National Register of Historical Resources City of Santa Ana Local List of Historical Resources California Department of Fish and Game Natural Diversity Data Base Orange County Airport Environs Land Use Plan Flood Rate Insurance Map 0602320029F City of Santa Ana Noise Ordinance City of Santa Ana Development Review Committee 38 31A-71 43 of 85 California Department of Conservation Farmland Mapping and Monitoring Program Seismic Hazard Zone Map xx. PREPARERS Dan Bott, City of Santa Ana Environmental Coordinator 39 3tA872 crwfA Environmental Checklist For CEQA Compliance PLANNING DIVISION I. Project Title: Mobile Carwash II. Project Numbers: ER 2003-232 III. Lead Agency Name and Address: City of Santa Ana Planning Division P.O, Box 1988 (M-20) Santa Ana, CA 92702 IV. Environmental Coordinator and Phone Number: Dan BoU (714) 667-2719 V. Project Location: Intersection of Main Street and MacArthur Boulevard Environmental Determination On the basis of this initial evaluation, I find that: A.D The proposed project COULD NOT have a significant effect on the environment and a NEGATIVE DECLARATION will be prepared. B. ~ Although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions to the project have been made by or agreed to by the applicant. A MITIGATED NEGATIVE DECLARATION will be prepared. c.D The proposed project MAY have a significant effect on the environment and an ENVIRONMENTAL IMPACT REPORT is required. D.D Although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR (EIR No, -) pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the project, nothing further is required, E. 0 Pursuant to Section 15164 of the CEQA Guidelines, an EIR (EIR No. - ) has been prepared earlier and only minor technical changes or additions are necessary to make the previous EIR adequate and these changes do not raise important new issues about the significant effects on the environment. An ADDENDUM to the EIR shall be prepared. F. 0 Pursuant to Section 15162 of the CEQA Guidelines, an EIR (EIR No, - ) has been prepared earlier; however, subsequent proposed changes in the project andlor new information of substantial importance will cause one or more significant eff~SIY discussed. A SUBSEQUENT EIR shall be prepared. ~~~--) s;gnat:0O,VI ~1t- Printed N . March 15. 2005 Date db\Env Form CEOA Chklst 31Aa73 Page 1 of 1 ~'A Environmental Checklist For CEQA Compliance Evaluation of Environmental Impacts: I. A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project-specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis). II. All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts, III. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required, IV. "Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less than Significant Impact". The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level. Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Issues & Supporting Information Sources Impact Incorporated Impact Impact I. Aesthetics - Would the project: A. Have a substantial adverse effect on a scenic vista? D D D ~ B. Damage scenic resources, including but not limited D D D to, trees, rock outpourings and historic buildings within a state highway? C. Substantially degrade the existing visual character J( or quality of the site and its surroundings? D D D D. Create a new source of substantial light or glare which would adversely affect day or nighttime views rJ[ in the area? D D D dblEnv Form CEOA Chklst Page 1 of 12 ATTACHMENT B 31A874 anlA Environmental Checklist For CEQA Compliance Issues & Supporting Information Sources Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact II. Agricultural Resources - In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model prepared by the California Department of Conservation as an optional model to use in assessing impacts on agricultural farmland. Would the project: A. Convert Prime Farmland, Unique Farmland or Farmland of Statewide Importance (Farmland) to non-agricultural use? (The Farmland Mapping and Monitoring Program in the California Resources Agency, Department of Conservation, maintains detailed maps of these and other categories of farmland.) D D D D D D D D D ft( ~ ~ III. Air Quality - Where available, the significance criteria established by the applicable air quality management or pollution control district may be relied upon to make the following determinations, Would the project: B, Conflict with existing zoning for agricultural use or a Williamson Contract? C. Involve other changes in the existing environment which, due to their location or nature, could individually or cumulatively result in loss of Farmland, to non-agricultural use? A. Conflict with or obstruct implementation of applicable Air Quality Attainment Plan or Congestion Management Plan? B. Violate any stationary source air quality standard or contribute to an existing or proposed air quality violation? C, Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emission which exceed quantitative thresholds for ozone precursors)? D. Expose sensitive receptors to substantial pollutant concentrations? dblEnv Form CEQA Chklst ATTACHMENT B 31A'875 D D D D D A1 D D D D ~ ~ ~ D D D Page 2 of 12 ~'A Environmental Checklist For CEQA Compliance Issues & Supporting Information Sources E. Create objectionable odors affecting a substantial number of people? IV. Biological Resources - Would the project: A. Have a substantial adverse impact, either directly or through habitat modifications, on any species identified as a candidate, sensitive or special status species in local or regional plans, policies or regulations or by the California Department of Fish and Game or U,S, Fish and Wildlife Services? B. Have a substantial adverse impact on any riparian habitat or natural community identified in local or regional plans, policies, and regulations or by the California Department of fish and Game or U.S. Fish and Wildlife Service? C. Adversely impact federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) either individually or in combination with the known or probable impacts of other activities through direct removal, filling hydrological interruption, or other means? D. Conflict with any local policies or ordinances protecting biological resources, such as tree preservation policy or ordinance? V. Cultural Resources - Would the project: A. Cause a substantial adverse change in the significance of a historical resource as defined in Section 15064.5? B. Cause a substantial adverse change in the significance of a unique archaeological resource pursuant to define Section 15064.5? C. Directly or indirectly disturb or destroy a unique paleontogical resource or site? dblEnv Form CEQA Chklst ATTACHMENT B 31A"876 Potentially Significant Impact o o o o o o o o Potentially Significant Unless Mitigation Incorporated o o o o o o o o Less Than Significant Impact ~ o o o o o o o No Impact o ~ ~ fr[ ~ ~ ~ ~ Page 3 of 12 ~'A Environmental Checklist For CEQA Compliance Issues & Supporting Information Sources D. Disturb any human remains, including those interred outside of formal cemeteries? VI. Geology and Soils - Would the project: A. Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: 1. Rupture of an known earthquake fault, as delineated on the most recent on the most recent Alquist-Priolo Earthquake Fault Zoning map issued by the State Geologist for the area or based on other substantial evidence of a known fault? 2, Strong seismic ground shaking? 3, Seismic-related ground failure, including liquefaction? 4. Landslides? B. Would the project result in substantial soil erosion or the loss of topsoil? c. Would the project result in the loss of a unique geologic feature? D. Is the project located on strata or soil that is unstable or that would become unstable as a result of the project and potentially result in on-or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? E. Where sewers are not available for the disposal of wastewater, is the soil capable of supporting the use of septic tanks or alternative wastewater disposal systems? dblEnv Form CEQA Chklst ATTACHMENT B 31A"877 Potentially Significant Impact D D D D D D D D D D Potentially Significant Unless Mitigation Incorporated D D D D D D D D D D Less Than Significant Impact D D D ~ % D (( D ~ D No Impact fti D ;3( D D 0( D % D 41 Page 4 of 12 aRIA Environmental Checklist For CEQA Compliance Issues & Supporting Information Sources VII. Hazardous and Hazardous Materials - Would the project: A. Create a significant hazard to the public or the environment through the routine transport, use or disposal of hazardous materials? B. Emit hazardous emissions or handle hazardous or acutely hazardous materials, substance or waste within one-quarter mile of an existing or proposed school? C. Be located on a site which is located on a list of hazardous materials sites compiled pursuant to Government Code Section 659662.5 and, as a result, would it create a significant hazard to the public or the environment? D. For a project located within an airport land use plan or where such a plan has not been adopted, within two miles where of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? VIII. Hydrology and Water Quality - Would the project: A. Violate Regional Water Quality Control Board water quality standards or waste discharge requirements? B. Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (i.e., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? dblEnv Form CEQA Chklst ATTACHMENT B 3tA"878 Potentially Significant Impact D D D D D D Potentially Significant Unless Mitigation Incorporated D D ~ ~ M D Less Than Significant Impact No Impact M D ~ D D D D D D D D )( Page 5 of 12 ~fA Environmental Checklist For CEQA Compliance Issues & Supporting Information Sources C, Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off- site? D. Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted run-off? E. Otherwise substantially degrade water quality? F. Place housing within a 100-year floodplain, as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? G. Place within a 100-year floodplain structures which would impede or redirect flood flows? H. Expose people or structures to a significant risk of loss, injury, or death involving flooding, including flooding as a result of the failure of a levee or dam. I. Result in an increase in pollutant discharges to receiving waters? Consider water quality parameters such as temperature, dissolved oxygen, turbidity and other typical storm water pollutants (e.g. heavy metals, pathogens, petroleum derivatives, synthetic organics, sediment, nutrients, oxygen-demanding substances, and trash) J. Result in significant alteration of receiving water quality during or following construction? K. Could the proposed project result in increased erosion downstream? L. Result in increased impervious surfaces and associated increased runoff? db\Env Form CEOA Chklst ATTACHMENT B 3tA819 Potentially Significant Impact D D D D D D D D D D Potentially Significant Unless Mitigation Incorporated D D P\ D D D ~ ~ 9t< D Less Than Significant Impact ~ * D D D D D D D ~ No Impact D D D ~ ;r % D D D D Page 6 of 12 ~fA Environmental Checklist For CEQA Compliance M. Create a significant adverse environmental impact to drainage patterns due to changes in runoff flow rates or volumes? N. Tributary to an already impaired water body, as listed on the Clean Water Act Section 303(d) list: If so, can it result in an increase in any pollutant of which the water body is already impaired? O. Tributary to other environmentally sensitive areas? If so, can it exacerbate already existing sensitive conditions? P. Have a potentially significant environmental impact on surface water quality to either marine, fresh, or wetland waters? Q. Have a potentially significant adverse impact on groundwater quality? R. Cause or contribute to an exceedance of applicable surface or groundwater receiving water quality objectives or degradation of beneficial uses? S. Impact aquatic, wetland, or riparian habitat? IX. Land Use and Planning- Would the project: A. Physically divide an established community? B. Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? C, Conflict with any applicable habitat conservation plan or natural community conservation plan? X. Mineral Resources - Would the project: A. Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? Issues & Supporting Information Sources dblEnv Form CEOA Chklst ATTACHMENT B 31A8~O D D D D D D D D D D Potentially Significant Impact }xi ~ ~ D f& ~ D D D D Potentially Significant Unless Mitigation D D D D D D i&' ~ D D Less Than Significant Impact D D D ft( D D D D )( J2( No Impact Page 7 of 12 anf^ Environmental Checklist For CEQA Compliance XI. Noise - Would the project result in: A. Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? B. Exposure of persons to or generation of excessive groundborne vibration or ground borne noise levels? c. A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? D. A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without project? E. For a project located within an airport land use plan or where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? XII. Population and Housing - Would the project: A. Induce substantial population growth in an area, either directly (for example, by proposing new homes and business) or indirectly (for example, through extension of roads or other infrastructure)? B, Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? c. Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? Issues & Supporting Information Sources db\Env Form CEOA Chklst ATTACHMENT B 31At8~ 1 D D D D D D D D Potentially Significant Impact Incorporated k( ~ ~ ~ D D D D Potentially Significant Unless Mitigation D D D D A D D D Less Than Significant Impact D D D D D ~ ~ % No Impact Page 8 of 12 ~fA Environmental Checklist For CEQA Compliance XIII. Public Services A. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service rations, response times or other performance objectives for any of the public service: Fire protection? Police protection? Schools? Parks? Other public facilities? XIV. Recreation A. Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? 8, Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? XV. Transportation I Traffic A. Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e, result in a substantial increase in either the number of vehicle trips, the volume to capacity ration on roads, or congestion at intersections?) Issues & Supporting Information Sources db\Env Form CEOA Chklst ATTACHMENT B 31A"8P2 D D D D D D D D D Potentially Significant Impact Incorporated D D D ~ D D D D D Potentially Significant Unless Mitigation D )!( ,Q( D ~ pr D D ~ Less Than Significant Impact D D D D D D ~ fiZ D No Impact Page 9 of 12 anf^ Environmental Checklist For CEQA Compliance B, Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? C. Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? D. Substantially increase hazards to a design feature (e.g. sharp curves or dangerous intersections) or incompatible uses (e,g. farm equipment)? E. Result in inadequate emergency access? F. Result in inadequate parking capacity? G. Conflict with adopted policies supporting alternative transportation (e.g. bus turnouts, bicycle racks)? XVI. Utilities and Service Systems A. Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? B, Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? C, Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? D. Are sufficient water supplies available to serve the project from existing entitlements and resources or are new or expanded entitlements needed? E. Result in the determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? Issues & Supporting Information Sources dblEnv Form CEQA Chklst ATTACHMENT B 3tA"8P3 D D D D D D D D D D D Potentially Significant Impact Incorporated D D D D D D D D D D D Potentially Significant Unless Mitigation p( D ~ Q( % ~ ~ ~ ~ % )( Less Than Significant Impact D ~ D D D D D D D D D No Impact Page 10 of 12 ~fA Environmental Checklist For CEQA Compliance F, Is the project served by a landfill with sufficient permitted capacity to accommodate the project's sold waste disposal needs? G. Comply with federal, state and local statutes and regulations related to solid waste? XVII. Mandatory Findings of Significance A. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? B, Does the project have impacts that are individually limited but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, effects of other current projects and the effects of probable future projects), C. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? dblEnv Form CEOA Chklst ATTACHMENT B 31A"8P4 Incorporated D x D D D )( D D D A D D D ~ D D D ~ D D Page 11 of 12 NOISE STUDY FOR: MOBIL OIL STATIONI CAR WASH EXPANSION - SANTA ANA ~ prepared for: Mr, David Shamtoub PrePared bv: THE PLANNING CENTER Contact: Tin Cheung, Senior Environmental Scientist MARCH 14, 2005 31A'8PS NOISE STUDY FOR: MOBIL OIL STATIONI CAR WASH EXPANSION SANTA ANA ~ prepared for: 1508 Greenfield #305 Mr. David Shamtoub Los Angeles, CA 1580 Metro Drive Costa Mesa, CA 92626 Tel: 714.966.9220 . Fax: 714.966.9221 E-mail: costamesa@planningcenter.com Website: www.planningcenter.com 31&86 prepared by: THE PLANNING CENTER Contact: Tin Cheung, Senior Environmental Scientist SHAM-01 MARCH 14, 2005 Table of Contents Section PaQe 1. INTRODUCTION AND SUM MARY... ................ ............................... .............. ...... ......... .......3 1,1 INTRODUCTION. ..........., ...... ...... ....... ............,... ...... ...... ............ ............. .............. ........... ................. 3 1,2 SUMMARy,........... ................ ...... ....... ..............., ....... ........... ...... ..... .................... ............. ...... ...... ..... 3 2. OVERVIEW OF NOISE AND VIBRATION ............................................................................ 7 2.1 NOISE DESCRIPTORS ...............,...,...............................,....,............................................................ 7 2.2 REGULATORY SETTING FOR NOISE ..............................................................................................9 2,3 STUDY METHODS AND PROCEDURES ........................................................................................1 0 2.4 THRESHOLDS OF SIGNIFICANCE ................................................................................................11 3. ENVI RONM ENTAL SETTI NG.............. ...... ........................... ............. ....... ....... ..... ..............12 3,1 PHYSICAL SETTING AND EXISTING LAND USES .........................................................................12 3.2 NOISE-SENSITIVE RECEIVERS ........,........,....................................,............,.................................12 3,3 EXISTING NOISE ENVIRONMENT ..............................................................................................,..12 4. ENVI RONM ENTAL I M PACTS ........... ....... ........ ....... ............ ............. .................... ..............14 4,1 PROJECT RELATED NOiSE...........................................................................................................14 4.2 OPERATION NOISE IMPACTS .............................................,.........................................................15 4,3 CUMULATIVE NOISE IMPACTS .....................................................................................................16 5. M ITIGA TION MEASURES................. ....... ..................... ........ ........... ........... ......... ...... ........ 17 5,1 EXISTING REGULATIONS AND MITIGATION MEASURES FOR SHORT TERM CONSTRUCTION NOiSE,...... ...... ........,..,... ......... ................... ............... .............. ........................... 17 5.2 MITIGATION MEASURES FOR OPERATIONS NOISE ...................................................................17 6. LEVEL OF SIGNIFICANCE AFTER MITIGATION.............................................................. 19 ~ 7. REFERENCES......... ............................. ........ ......... ...... .......................................................20 APPENDICES A. Noise Monitoring and Calculations Technical N01Je Study for Mobil Oil Station/Car Wash Expansion The Planning Center March 2005 . Page i (}.:\.\1//1 M-O I, ()F\ShdNl/f!U/; J...;fii,~Nrp"I'f-FfN."ILd(l( 3 tA"8P7 Table of Contents Fiqure Figure 1-1 Figure 1-2 Figure 3-1 Figure 5-1 Table Table 2-1 Table 2-2 Table 2-3 Table 3-1 Table 4-1 Table 4-2 Table 6-1 List of Figures Paqe Project Regional Location ., ,..", ,.,., ,. ......,..." ".",.,." ,...,.,.,.,., ,.,.... ,....., ,.,." ,..." ".", ,.... ,.,.., ,..,.. ..4 Proposed Project Layout.......,.".,..,.,.,.",.,..."..,......,.,.,.,.,.".,.....,..,..,.,.,."",.,.,..".. ,.........,.....,.5 Noise Monitoring Location Map and Noise-Sensitive Receivers ......,..................................13 Sound Wall Locations" ,.,., ,.,..,... "..... ...... ,..." ".,.,...., ".,......., ,.,..",., ,..,. ,..........., ,..,..,.., "." "..,,18 List of Tables Paqe Change In Sound Pressure Level, dB ...................................................................................,7 Typical Noise Levels...,.,..,."......".,..,.,.,."".."".,.,.,.""...,.........,.,..,.,.,.,.,.,.",.,.,.,.",.,.".,.,...",.. 8 Noise Standard and Correspond Ln (dBA) ..............,............,.....,.........................................,9 Morning Peak Hour - Ambient Noise Monitoring Summary (dBA) ............,.........................12 Noise Levels at Project Construction Sites (dBA Leq) ........................................................,14 Automated Car Wash Noise (dBA) .......................................................................................16 Automated Car Wash Noise with Sound Wall (dBA)............................................................19 ~ Technical NoiJe Study for Mobil Oil Station/Car WaJh ExpanJion The Planning Center Manh 2005 . Page ii fJ: I,SIIA AI -u I J)j~\Sh"mll)lIl) __,'\ilifW Rep,Wf- F! ;...' /1 Ldlil 3tA"8pa 1. Introduction and Summary 1.1 INTRODUCTION The proposed project, Mobil Oil Service Station/Car Wash Expansion, is located at 100 West MacArthur Boulevard in the City of Santa Ana, California. The project involves the expansion of the Mobil Oil service station which includes 190 square feet of additional building space with an automated car wash and convenience store. The location of the project site is shown in Figures 1-1 and 1-2, This Noise Study evaluates potential noise impacts associated with both the construction and operational phases of the proposed project located in the City of Santa Ana, The construction phase would generate noise from power tools and vehicles used in construction excavation and building construction. The operations phase would generate noise primarily from the automated car wash, 1.2 SUMMARY 1.2.1 Existing Noise Environment To assess the existing noise environment, noise monitoring for the proposed project was conducted on February 27, 2005, Noise measurements were taken at the condominium complex located 61 feet south of the project site. This location was selected since it represents the most noise-sensitive land use with the highest potential of being affected by project-related noise The noise-sensitive use closest to the project site is a multi-family condominium complex 61 feet south of the project site, 1.2.2 Environmental Impacts Potential noise impacts were evaluated based on the City of Santa Ana's Municipal Code to determine whether a significant adverse noise impact would result from the construction and operation of the proposed project. Short-term Construction Impacts ~ Project-related construction noise would result in substantial short-term increases in the ambient noise environment. Noise levels would intermittently range from 74-82 dBA. With project compliance to the City's Municipal Code Section 18,314, noise generated by construction activities would be limited to the least noise sensitive portions of the day. As such, the project would not result in a short-term unavoidable significant adverse noise impact to noise-sensitive receivers. Following the completion of project construction, noise from project construction activities would cease, Long-term Operational Impacts Potential noise impacts related to the operations phase of the project would include noise generated from the project's convenience store and automated car wash, Noise generated by the additional vehicle trips to the convenience store would be minimal and as such would not contribute substantially to noise levels. The automated car wash was found to result in noise levels which exceed the City's exterior noise standard described in Section 18-312 of the municipal code prior to the application of mitigation measures. Project generated noise levels from the automated car wash were found to be in compliance with Section 18-313 (interior noise levels) of the City's municipal code. Mitigation measures include the construction of a 12 feet sound wall which would attenuate noise levels generated by the automated car wash, With the construction of the sound wall, project related noise would be in compliance with Section 18-312 of the City's municipal code and would not result in a significant impact to the noise environment. Technical NozJe Study for Mobil Oil Station/Car WaJh Expamion The Plcmning Center Manh 2005 · Page 3 Q:\SIIA AI-Of .Oh'\,\AlmI1wh ___'\"Ji\rRepo!"I-FlSA Ld". 31A~89 1. Introduction Regional Location ~ NOT TO SCALE [!J Mobil Oil ExpCl1lJion Noi.re Stud) The Planning CerJter · Figure 1-1 31A8~O 1. Introduction Proposed Project Layout MAC ARTHUR BLVD. D 0 --... D 0 Source: Omni Design Group, Inc. :\10/;';(, 0'; LxJirlTlJlo/J NfJlj(' Swd] 31&91 ~. .'""'"".........'.;-,.. ...",,"<,H NOT TO SCAl.E [IJ 7lh' Pltlll/Jwg CtIltcr · Figure 1-2 ... ... w '" ... ... z ..: ~ ~ 1. Introduction and Summary Cumulative Construction Noise Impacts Cumulative noise impacts related to construction activities could occur if noise from other sources in the vicinity of the project site would contribute to excessive noise levels. Through the municipal code, the City of Santa Ana regulates noise generation from construction activities to the least noise-sensitive parts of the day, Other projects under construction concurrently with the proposed project in the vicinity of the project site would be required to comply with the limited hours of when construction activity is allowed to occur under the municipal code. Therefore, the construction of the proposed project along with cumulative project development would not result in a significant adverse cumulative noise impact. Cumulative Operational Noise Impacts The primary noise sources within the project vicinity are vehicle traffic along MacArthur Boulevard and Main Street. Noise levels decrease with distance from these sources. Noise sensitive uses such as the condominium located south of the project site are currently exposed to substantial levels of noise from Main Street and secondarily from MacArthur Boulevard, While noise generated by the proposed project would be in compliance with the City's exterior and interior noise standards, project generated noise will still be discernible and will contribute to the overall noise level in the area, ~ Technical Noi.re Study for Mobil Oil Station/Car WaJh Expamion The Planning Center March 2005 . Page 6 fl:\.\1/,'1 i\J-O 1.(}FJ.-\hnnto/l1i _,\io/JrRfprlrl-Ff,\'/II "d,J/. 31A-92 64 of 85 2. Overview o/Noise & Vibration 2.1 NOISE DESCRIPTORS 2.1.1 Noise Descriptors Noise is most often defined as unwanted sound. Although sound can be easily measured, the perception of noise and the physical response to sound complicates the analysis of its impact on people. People judge the relative magnitude of sound sensation in subjective terms such as "noisiness" or "loudness." Sound pressure magnitude is measured and quantified using a logarithmic ratio of pressures, the scale of which gives the level of sound in decibels (dB). The human hearing system is not equally sensitive to sound at all frequencies. Therefore, to approximate this human, frequency-dependent response, the A-weighting filter system is used to adjust measured sound levels. When sound is measured for distinct time intervals, the statistical distribution of the overall sound level during that period can be obtained, The energy-equivalent sound level (Leq) is the most common parameter associated with such measurements. The Leq metric is a single-number noise descriptor which represents the average sound level over a given period of time. Table 2-1 presents the subjective effect of changes in sound pressure levels, To provide perspective on the relative loudness of noise levels, Table 2-2 lists common sources of noise and their approximate noise levels. Table 2-1 Change In Sound Pressure Level, dB Change in Apparent Loudness + 3 dB Threshold of human perceptibility :': 5 dB Clearly noticeable change in noise level + 10 dB Half or twice as loud :': 20 dB Much quieter or louder Source: Engineering Noise Control (Bies and Hansen, 1988). ~ To account for the increased sensitivity of people to noise occurring at night, a number of noise metrics have been developed, Two of the more commonly used metrics are the Day-Night Sound Level (Ldn) and the Community Noise Equivalent Level (CNEL), The Ldn, which was developed by the United States Environmental Protection Agency, is a 24-hour average sound level (similar to a 24-hour Leq) in which a 10 dB penalty is added to the Leq occurring between the hours of 10:00 PM and 7:00 AM, CNEL, which was developed for use in the California Airport Noise Regulations, is similar to the Ldn except that a five dB penalty is also added for noise occurring during evening hours from 7:00 PM to 10:00 PM. Therefore, both the Ldn and CNEL noise metrics provide 24-hour averages of A-weighted noise levels at a particular location, The distinction is that Ldn includes a nighttime adjustment while the CNEL metric includes both an evening and a nighttime adjustment. For noise generated from vehicle traffic, CNEL and l.Jn can be used interchangeably because noise levels would differ between these two noise descriptors by less than one dB. Technica! NoiJe Study for Mobil Oil Station/Car WaJh Expamion The P!cmning Center March 2005 . Page 7 {!:1511/1/\1-1J I ,OF\.\A,ml'JIj/; _i.....'oi\i!Repfll.,-rINALdllt 3tA8~3 2. Overview o/Noise & Vibration Table 2-2 Typical Noise Levels Noise Level Common Outdoor Activities (dBA) Common Indoor Activities 110 Rock Band Jet Fly-over at 1,000 feet 100 Gas Lawn Mower at three feet 90 Diesel Truck at 50 feet, at 50 mph Food Blender at three feet 80 Garbage Disposal at three feet Noisy Urban Area, Daytime Gas Lawn Mower at three feet 70 Vacuum Cleaner at 10 feet Commercial Area Normal speech at three It Heavy Traffic at 300 feet 60 Large Business Office ~ Quiet Urban Daytime 50 Dishwasher Next Room Quiet Urban Nighttime 40 Theater, Large Conference Room (background) Quiet Suburban Nighttime 30 Library Quiet Rural Nighttime Bedroom at Night, Concert Hall (back ground) 20 Broadcast/Recording Studio 10 Lowest Threshold of Human Hearing 0 Lowest Threshold of Human Hearing Source: Table N-2136.2 of California Departrnent of Transportation's Traffic Noise Analvsis Protocol (October 1998). The City of Santa Ana uses an hourly exterior noise standard to regulate stationary sources of noise. This hourly exterior noise standard has allowances for higher noise levels that would occur for shorter time periods, For example, the exterior noise level standard is set at 55 dBA over 30 minutes of an hour. This means that 50% of the noise levels measured in an hour can not exceed 55 dBA. The corresponding noise statistic (Ln) for this is L50 which is calculated by dividing 30 minutes over 60 Technical NoiJe Study for Mobil Oil Station/Car WaJh ExpanJion The Planning Center March 2005 . Page 8 Q:\Sf 1/1 AI-Of .Oh'\ShJmtli"l} _NI!il/'Replirt-FIi\'/ILdfil 3t&94 2. Overview a/Noise & Vibration minutes and shows that noise level that is exceeded 50% of the time. Another example is the 60 dBA exterior noise standard which is allowed to occur for 15 minutes of a 60 minute hour or 25% of the time (15 minutes divided by 60 minutes), Table 2-3 below shows exterior noise standards municipal code section 18-312 and their corresponding Ln. Table 2-3 Noise Standard and Correspond Ln (dBA) City Maximum Exterior Noise Standard 75 70 65 60 55 Time Allowed to Occur Maximum 2 minutes 5 minutes 15 minutes 30 minutes Corresponding Ln Maximum L(2) L(8) L(25) L(50) 2.2 REGULATORY SETTING FOR NOISE 2.2.1 City of Santa Ana Noise Regulation The City of Santa Ana Noise Regulation is provided in Article 6 of the municipal code. The standards imposed by the City aimed at noise control include the following: Sec. 18-312. Exterior noise standards. (a) The following noise standards, unless otherwise specifically indicated, shall apply to all residential property within a designated noise zone: Noise Zone 1 EXTERIOR NOISE STANDARDS Noise Level 55 dB(A) 50 dB(A) Time Period 7:00 a.m. -10:00 p.m. 10:00 p.m. - 7:00 a.m. ~ 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). (b) It shall be unlawful for any person at any location within the City of Santa Ana to create any noise, or to allow the creation of any noise on property owned, leased, occupied, or otherwise controlled by such person, when the foregoing causes the noise level, when measured on any other residential property, to exceed: (1) The noise standard for a cumulative period of more than thirty (30) minutes in any hour; or (2) The noise standard plus five (5) dB(A) for a cumulative period of more than fifteen (15) minutes in any hour; or (3) The noise standard plus ten (10) dB(A) for a cumulative period of more than five (5) minutes in any hour; or (4) The noise standard plus fifteen (15) dB(A) for a cumulative period of more than one minute in any hour; or (5) The noise standard plus twenty (20) dB(A) for any period of time. (c) In the event the ambient noise level exceeds any of the first four (4) 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 Technical NoiJe Study for Mobil Oil Station/Car WaJh Expamion The Planning Center March 2005 · Page 9 Q:\SII/IA1-O 1.01:"\Shrfmfw/J _NI!l.\eRtprll'f-FlN/r Ldl!( 31A8~5 2. Overview o/Noise & Vibration category, the maximum allowable noise level under said category shall be increased to reflect the maximum ambient noise level. (Ord. No, NS-1441 , 9 1, 8-21-78) Sec. 18-313. Interior noise standards. (a) The following interior noise standards, unless otherwise specifically indicated, shall apply to all residential property within a designated noise zone: INTERIOR NOISE STANDARDS Noise Zone Noise Level Time Period 1 55 dB(A) 7:00 a.m. -10:00 p.m. 45 dB(A) 10:00 p.m. - 7:00 a.m. 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). (b) It shall be unlawful for any person at any location within the City of Santa Ana to create any noise, or to allow the creation of any noise on property owned, leased, occupied, or otherwise controlled by such person, when the foregoing causes the noise level, when measured within any other dwelling unit on any residential property, to exceed: (1) The interior noise standard for a cumulative period of more than five (5) minutes in any hour; or (2) The interior noise standard plus five (5) dB(A) for a cumulative period of more than one minute in any hour; or (3) The interior noise standard plus ten (10) dB(A) for any period of time, ~ Sec. 18-314. Special provisions. The following activities shall be exempted from the provisions of Article 6: (e) Noise sources associated with construction, repair, remodeling, or grading of any real property, provided said activities do not take place between the hours of 8:00 p.m. and 7:00 a.m. on weekdays, including Saturday, or any time on Sunday or a federal holiday. 2.3 STUDY METHODS AND PROCEDURES Noise monitoring and noise calculations were performed to assess the existing noise environment and estimate the future noise levels with and without the proposed project. The noise monitoring program was initiated to identify noise-sensitive land uses in proximity to the project and to assess the existing ambient noise levels at the monitored location, In addition, the monitoring location was selected for those areas which have the highest potential for changes in noise levels above existing conditions, For the proposed project, the adjacent condominiums were selected and monitored on February 27,2005 from 7 AM to 9 PM. Meteorological conditions consisted of a cool sunny day with low wind speeds, Noise measurements were taken with a Larson Davis 820 sound level meter. Details on the monitoring locations are provided in Section 3.2, The noise monitoring data sheets are included in the Appendix of this Report. Project related construction and operational phase noise were calculated based on procedures described in the United States Department of Transportation's Transit Noise and Vibration Impact Assessment. Technical NoiJe Study for Mobil Oil Station/Car WaJh Expamion The Planning Center Manh 2005 . Page 10 fl:IS/IA ,,\1-1) 1, ()!:\Sh"m!(!lJiJ _:"';oi-,eReporf-Ff;\JA Ld'l< 31A8~6 2. Overview of Noise & Vibration 2.4 THRESHOLDS OF SIGNIFICANCE The analysis of impacts related to noise considers the impacts of project construction and operations noise. Based on the City of Santa Ana municipal code, the proposed project would have a significant adverse noise impact if the project results in any of the following: . Project related construction activities would occur outside of the hours specified under municipal code Article 6, Section 18-314 of 7:00 a,m, to 8:00 p.m. . Project related operations would cause the ambient noise level at the property line of affected uses to exceed the exterior or interior noise standards as specified under municipal code 18-312 and 18- 313. ~ Technical NoiJe Study for Mobil Oil Stcttion/Car WaJh Expamion The Plannmg Center March 2005 . Page]] ("Y"S} I.dill"!)] ,OF\Sh"mtlJII/; _i"Joi\/'R/'plil't-;:/I\i'/l l,d"l 31A8~7 3. Environmental Setting 3.1 PHYSICAL SETTING AND EXISTING LAND USES The project site is 21,413 square feet with 1,912 square feet of existing floor area. The project site is located at the southwest corner of MacArthur Boulevard and Main Street in the City of Santa Ana, Both MacArthur Boulevard and Main Street are heavily traveled roadway arterials, The project site is adjacent to the MacMain Plaza to the west and condominiums to the south the project site, 3.2 NOISE-SENSITIVE RECEIVERS Certain land uses are particularly sensitive to noise. As specified in the City's General Plan Noise Element, noise-sensitive uses include residential, school, and open space/recreation uses where quiet environments are necessary for enjoyment. The nearest sensitive receivers are residential condominium uses located 61 feet to the south of project site across a parking lot of the MacMain Plaza. Currently, a six feet masonry block wall separates the project site from the parking lot and another 6 feet wall separates the parking lot from the condominiums, 3.3 EXISTING NOISE ENVIRONMENT Noise monitoring was conducted on February 27, 2005 (Sunday) during the hours for which the automated car wash would operate which is 7 AM to 9 PM, Sunday was chosen for measurements because this day would be expected to have the lowest traffic noise and hence this would be the day that any increases in noise from the project would be most noticeable. Noise measurements were conducted in the MacMain parking lot between the project site and the condominiums to the south. The monitoring location is described below and shown in Figure 3-1: . MacMain Parking Lot: Noise levels at this location are relatively low for being in proximity of MacArthur Boulevard and Main Street. These low noise levels are due to the distance of the sound level meter from MacArthur Boulevard and Main Street as well as the presence of a six feet wall which provides noise attenuation for both streets. The noise levels are very low in the early morning hours, increase in the afternoon and decrease in the evening. Ambient noise levels are higher at locations closer to Main Street or MacArthur Boulevard which are the primary sources of noise proximate to the project site. Table 3-1 identifies the monitored ambient noise levels. The noise measurements demonstrate that the ambient noise level is lower than the City's exterior noise standards for various hours of the day. ~ Time Leq Lmax Lmin L(2) L(8) L(25) L(50) 7:00 AM 57 74 47 64 60 56 54 8:00 AM 56 76 45 62 59 56 53 9:00 AM 58 73 46 67 61 58 56 10:00 AM 65 73 54 68 67 66 65 11:00 AM 66 76 63 68 67 66 66 12:00 PM 64 81 51 67 66 65 64 1 :00 PM 63 85 50 71 64 62 60 2:00 PM 62 78 55 68 64 62 60 4:00 PM 64 71 59 68 66 64 63 6:00 PM 59 74 48 64 62 60 56 7:00 PM 56 74 45 62 59 56 54 8:00 PM 55 71 46 63 59 55 53 City's Exterior Noise Standards 75 70 65 60 55 Table 3-1 Morning Peak Hour - Ambient Noise Monitoring Summary (dBA) Tuhnical Noise Study for Mobil Oil Station/Car Wash Expamion The Planning Center March 2005 . Page 12 {!:\Sll A ,\f-O I.OF.\Shdmll)/Jh _,'\'/Ji~Rf/,rJrl-nJ\i/I/_.dfJi. 31Am98 1. Introduction Noise Monitoring Locations and Noise Sensitive Receivers AC RTH R BtVD. Existing Commercial ~ , Z <l:: ~ f' Existing Apartments (Noise Sensitive) . Noise Monitoring Location Source: Omni Design Group, Ine, Ale-hilt' 011 E.\pt/l1Jioll Nfiift' Study NOT TO SCALE [!J The Planning emu/" . Figure 3-1 31A8~9 4. Environmental I npacts 4.1 PROJECT RELATED NOISE The proposed project has the potential to generate noise during project construction and operation which may affect sensitive receivers. Construction related noise impacts would largely be associated with noise from the use of construction equipment and construction tools. Operational phase noise impacts would be those that would occur beyond those that are currently produced. This would include noise generated by small increases in traffic volumes due to customers stopping only for the convenience store and the operation of the automated car wash, 4.1.1 Construction Noise Impacts Noise generated during construction is a function of construction equipment used, the location of the equipment, and the timing and duration of the noise-generating activities. Construction of the proposed project is anticipated to commence October 2005 with an estimated duration of 3-6 months. Construction noise levels reported in Noise from Construction Equipment and Operations, Building Equipment, and Home Appliances, (United States Environmental Protection Agency (EPA), 1971) were used to estimate future construction noise levels for the proposed project. Typically, the estimated construction noise level is governed primarily by the highest noise producing pieces of equipment. Table 4-1 presents typical noise levels generated at varying distances from project construction sites during various construction phases and under minimum and maximum equipment usage scenarios. Table 4-1 presents noise levels for the various construction phases. The nearest noise sensitive use is the condominium complex 61 feet to the south of the project site. Table 4-1 ~ Noise Levels at Project Construction Sites (dBA Leq) Minimum Required All Applicable Construction Phase Equipment in Use1 Equipment in Use1 Reference Noise Levels (50 feet from Project Construction) Ground Clearing/Demolition 84 84 Excavation 79 89 Foundation Construction 78 78 Building Construction 76 85 Finishing and Site Cleanup 76 89 Noise Levels at Condominiums (61 feet South.from Project Construction) Ground Clearing/Demolition 82 82 Excavation 77 87 Foundation Construction 76 76 Building Construction 74 83 Finishing and Site Cleanup 74 87 1 Based on Bolt, Beranek and Newman, "Noise from Construction Equipment and Operations, Building Equipment, and Home Appliances," prepared for the EPA, December 31, 1971. Source: The Planning Center (February 27, 2005). Construction of the proposed project would not be expected to use large quantities of construction equipment. The addition of the convenience store, car wash and walls would primarily be constructed by hand with possible use of a backhoe for building footings, Consequently, noise levels generated from project construction would be expected to generate those noise levels listed under the minimum required equipment in use, As such, noise levels may intermittently range from 74-82 dBA Leq at the nearest noise sensitive use which are the condominiums to the south of the project site, Because the Tuhnical NoiJe Study for Mobil Oil Stcltion/Car WaJh Expamion March 2005 . Page] 4 The Plcmning Center Q:I.SIIA i\J-() 1,()L\Shdmfll/lh _N"i,rRepl)r!-/;/N/lfbd(!j 31A~~ 00 4. Environmental I npacts project would comply with the City of Santa Ana's municipal code section 18-314 limiting the hours for which construction would occur, the City exempts noise produced during construction activities, As such, project related construction activities would not result in significant noise impacts prior to mitigation. 4.2 OPERATION NOISE IMPACTS The operations phase of the project would involve noise generated from gas station customers purchasing/pumping fuel, purchasing items from the convenience store and using the automated car wash, Noise associated with customers purchasing fuel entails vehicle ingress/egress, door slams, car starts and possibly speech, Noise from customers purchasing and pumping gasoline would not change from existing conditions and as such would not represent a significant increase in noise. The majority of customers using the project's convenience store would also be those that are purchasing gasoline and as such would not generate any additional noise than those purchasing fuel. Those customers that pass by and only purchase items from the convenience store would not generate substantial levels of noise due to the low speeds of vehicles accessing the project site and the very short duration and magnitude of noise generated by engine starts and door slams compared to the existing noise environment. The primary source of noise associated with the operation of the proposed would be from customers utilizing the automated car wash. The automated car wash generates noise from sprayers that apply detergent and water, brushes (if used), blowers used to dry the car and equipment used in the car wash process. Two different types of automated car washes are being considered by the project developer, One utilizes the Mark VII automated car wash system which is a freestanding car wash. Freestanding car wash equipment are situated on a track that moves along the entire extent of the car spraying water, detergent and blowing dry the vehicle, Noise measurements of a Mark VII car wash in Fountain Valley were taken on February 24 and shown in Table 4-2. The loudest portion of the Mark VII wash process is the pressurized water sprayers and the air blower. The second automated car wash equipment being considered by the project developer is the Ryko car wash system which employs water sprayers and cloth brushes that operate along the entire extent of the car being washed. After the car is washed, the driver of the car slowly drives the car to a fixed place blower which dries the car as it passes. The loudest portion of the Ryko car wash process is the blower. Noise measurements were also obtained of the Ryko car wash equipment in the City of Garden Grove on March 7, 2005. ~ Based on Article 6, Section 18-312, the City of Santa Ana has established maximum hourly exterior noise standards for the hours of 7 AM to 10 PM, The proposed car wash activity would occur from 7 AM to 9 PM. The hourly noise levels of the two sets of car wash equipment being considered was calculated based on a peak number of 10 car washes per hour'. As shown in Table 4-2, the calculated hourly noise levels would exceed the City's exterior noise standard for either type of car wash system, As such, the automated car wash would result in a significant impact to the noise environment prior to the application of mitigation measures. Compliance with Article 6, Section 18-313, which involve interior noise standards, will be achieved by the proposed project because typically residential structures provide 12 dB noise attenuation with windows open from exterior to interior noise levels. With windows closed, a 24 dB noise reduction can be expected2, With this level of noise attenuation, the City's interior noise standard can be achieved with either the windows open or windows closed, , Based on an estimate of car washes per hour at an existing automated car wash owned by of David Shamtoub, located at 25800 S. Westem Avenue, Harbor City. 2 Environmental Protection Agency, Protective Noise Levels, 1974. Technical Noise Study for Mobil Oil Station/Car Wash Expamion The Planning Center March 2005 . Page] 5 fd: 'IS11 /1,'\ I ~() 1 ,()I:'\S;'dm/IJ/(Ji _,\J'oj.t Rfjllirl-I'-' ;\'/1' ..d'Ji 31A'a~ 01 4. Environmental Inpacts Table 4-2 Automated Car Wash Noise (dBA) I Maximum I L(2) L(8) L(25) L(50) MARK VII CAR WASH EQUIPMENT Hourly Noise Level at Property Line of Apartments 61 61 61 60 57 City Noise Standards 75 70 65 60 55 Exceeds Exterior Noise Standard? No No No No Yes MARK VII CAR WASH EQUIPMENT Hourly Noise Level at Windows/Balconies of Apartments 60 60 59 58 55 City Noise Standards 75 70 65 60 55 Exceeds Exterior Noise Standard? No No No No Yes RYKO CAR WASH EQUIPMENT Hourly Noise Level at Property Line of Apartments 65 64 63 60 51 City Noise Standards 75 70 65 60 55 Exceeds Exterior Noise Standard? No No No Yes No RYKO CAR WASH EQUIPMENT Hourly Noise Level at Windows/Balconies of Apartments 64 63 62 59 47 City Noise Standards 75 70 65 60 55 Exceeds Exterior Noise Standard? No No No No No The Planning Center, March 8, 2005 ~ 4.3 CUMULATIVE NOISE IMPACTS Cumulative Construction Noise Impacts Cumulative noise impacts related to construction activities could occur if noise from other sources in the vicinity of the project site would contribute to excessive noise levels. Through the municipal code Section 18-314, the City of Santa Ana regulates noise generation from construction activities to the least noise-sensitive parts of the day, Other projects under construction concurrently with the proposed project in the vicinity of the project site would be required to comply with the limited hours of when construction activity is allowed to occur under the municipal code, Therefore, the construction of the proposed project along with cumulative project development would not result in a significant adverse cumulative noise impact. Cumulative Operational Phase Noise Impacts The primary noise sources within the project vicinity are vehicle traffic along MacArthur Boulevard and Main Street. Noise levels decrease with distance from these sources, Noise sensitive uses such as the condominium located south of the project site are currently exposed to substantial levels of noise from Main Street and secondarily from MacArthur Boulevard, While noise generated by the proposed project would be in compliance with the City's exterior and interior noise standards, project generated noise would still be discernable and will contribute to the overall noise level in the area. Technical NoiJe Study for Mobil Oil Station/Car WclJh Expamion The P/cmning Center March 2005 . Page 16 fd:'ISII/li\I-O !.O/:'\S!Jdn/lf/uh _.'\;oiJ"Re/lf!/'I-Fl8." Ldf1( 31A~~02 5. Mitigation Measures 5.1 EXISTING REGULATIONS AND MITIGATION MEASURES FOR SHORT TERM CONSTRUCTION NOISE Project construction would not result in significant adverse noise impacts. As such, no mitigation measures are required due to compliance City municipal code Section 18-314. 5.1.1 Existing Regulations The contractor shall ensure that all site construction activities occurring in the City of Santa Ana comply with the municipal code 18-314 which states: Noise sources associated with construction, repair, remodeling, or grading of any real property, provided said activities do not take place between the hours of 8:00 p.m. and 7:00 a.m. on weekdays, including Saturday, or any time on Sunday or a federal holiday. 5.2 MITIGATION MEASURES FOR OPERATIONS NOISE The following mitigation measures are necessary to achieve compliance with Section 18-312 of the municipal code. 1. A sound wall will be constructed with a minimum height of 12 feet and a density of at least 4 Ibs, per square feet. The extent of the wall is shown in Figure 5-1, 2. Mitigation monitoring will be conducted after construction of the project to ensure that noise generated by the automated car wash will not exceed the City's exterior and interior noise standards, If the operation of the automated car wash exceeds the City's standards, additional noise mitigation will be required to achieve compliance with the City's exterior noise standard. Additional mitigation may include the installation of automated doors at the entrance and exit of the car wash or sound walls. ~ Technical Noise Study for Mobil Oil Station/Car Wash Expansion The Planning Center March 2005 . Page 17 Q:\S1 1/1 AI-OJ, O/:"\Sh"mtlillll _i\:oilrRepoft-I;//\lAl..d,!C 31Atr;l 03 1. Introduction Sound Wall Locations ~ RTHUR BLVD. --1,--1:1 _----1 ~_.J U / I Existing Commercial :%: ~! ';! ~I ~ % Existing Apartments (Noise Sensitive) Existing Apartments / (Noise Sensitive) 12-Foot Sound Wall Source: Omni Design Group, Inc. Mobil Oil Expansion Noise Study .... ..... ..... llI!: .... on z ~ ~ fI) NOT TO SCAlE ~ The Planning Center · Figure 5-1 31A-104 76 of 85 6. Level of Significance After Mitigation Project construction related noise impacts would be reduced to a less than significant level upon compliance with the City Ordinance 18-314, The operation of the automated car wash would generate noise levels which exceed the City's exterior noise standards and required the application of mitigation measures to comply with Section 18-312 of the municipal code. The construction of the sound wall would result in noise levels at the condominiums which are below the City's exterior noise standard as shown in Table 6-1. Interior noise level would likewise be below the City's noise standard. With the application of mitigation measures, the project would be in compliance with the City exterior and interior noise standards and would not result in a significant impact to the ambient noise environment. Table 6-1 Automated Car Wash Noise with Sound Wall (dBA) I Maximum I L(2) L(8) L(25) L(50) MARK VII CAR WASH EQUIPMENT Hourly Noise Level at Property Line of Apartments 44 44 44 43 40 City Noise Standards 75 70 65 60 55 Exceeds Exterior Noise Standard? No No No No No MARK VII CAR WASH EQUIPMENT Hourly Noise Level at Windows/Balconies of Apartments 49 49 48 47 44 City Noise Standards 75 70 65 60 55 Exceeds Exterior Noise Standard? No No No No No RYKO CAR WASH EQUIPMENT ~ Hourly Noise Level at Property Line of Apartments 48 47 46 43 34 City Noise Standards 75 70 65 60 55 Exceeds Exterior Noise Standard? No No No No No RYKO CAR WASH EQUIPMENT Hourly Noise Level at Windows/Balconies of Apartments 53 52 51 48 36 City Noise Standards 75 70 65 60 55 Exceeds Exterior Noise Standard? No No No No No The Planning Center, March 8, 2005 Technical NoiJe Study for Mobil Oil Station/Car WaJh Expamion The P/cmning Center Manh 2005 . Page] 9 Q: \SJ 1/lI\J - () 1. OF\ShdmflJ/lII _;\r'ii_li: k~//lwl- FI :,\1 A f "dlJt 31A8~ 05 7. References No. References 1. Bies and Hansen, Engineering Noise Control, 1998, 2, California Department of Transportation Traffic Noise Analysis Protocol, October 1998. 3, City of Santa Ana General Plan Noise Element, February 3, 1999, 4, City of Santa Ana Municipal code, Noise Regulation, Chapter 8. 5. Environmental Protection Agency, Protective Noise Levels, 1974 6. United States Environmental Protection Agency, "Noise from Construction Equipment and Operations, Building Equipment and Home Appliances," NTID300.1, December 31 , 1971. 7. United States Department of Transportation, Transit Noise and Vibration Impact Assessment, April 1995, ~ Technical Noise Study for Mobil Oil Station/Car Wash Expansion The Planning Center !,,,Larch 2005 . Page 20 Q:\SJ 1/1 AI-O I, Oh'\.\Alm/1!1i11 _,'\.il!iwRepOrf-F/SA L.d'lt 31A'l!~ 06 Appendices Appendix A. Noise Monitoring and Calculations Technical Noire Study for Mobil Oil Station/Car Wash Expamion The Planning Center Mctrch 2005 Q:\SI1 A M-O I, OEISh.1mfollb J.j/Ji~Rf!!Jf)rl-FI NA LdOt" 31A8~07 ~ Construction Noise at 50 Feet (dBA Leq) Minimum Required Equipment in Use' 84 79 78 76 76 Construction Phase Ground Clearing/Demolition Excavation Foundation Construction Building Construction Finishing and Site Cleanup Construction Noise at 50 Feet (dBA Leq) Minimum Required Equipment in Use' 82 77 76 74 74 Construction Phase Ground Clearing/Demolition Excavation Foundation Construction Building Construction Finishing and Site Cleanup 31A~~ 08 All Applicable Equipment in Use' 84 89 78 85 89 All Applicable Equipment in Use' 82 87 76 83 87 50 61 ... c: Cl> E a. '5 ~ Cl> ..c: III '" ~ .. 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Z ~ >< '" '" o~ Lt? gC! ~...J~ Barrier Attenuation At Ground level Property Line Height Barrier Source Receiver Tranmission loss 17 Distances barrier to source to barrier receiver N 0.12 0.24 0.49 0.98 1.95 3.91 7.81 15.63 Frequencies 63 125 250 500 1000 2000 4000 8000 17.95 9.05 4.52 2.26 1.13 0.57 0.28 0.14 ARG 0.88 1.24 1.75 2.48 3.50 4.95 7.01 9.91 Attenuation 1.91 3.32 5.39 8.00 10.90 13.90 16.91 19.92 5 5 5 5 5 5 5 5 6.91 8.32 10.39 13.00 15.90 18.90 21.91 24.92 ref spectrum 65 65 65 65 65 65 65 65 1619.665831 11693.072 36377.5 79406.94 81191.03 51282.1 25646.07 8090.814 7943.282347 79432.823 398107 1584893 3162278 3981072 3981072 2511886 54.70274 HEIGHTS (in ft.) Source : 8 Barrier: 12 Receiver: 5 Distances (in ft.) Source to Barrier: 10 Barrier to Receiver: 61.5 Spectrum Attenuation Final SPl 63 65 6.9 58.1 Octave Band Center Frequencies (Hertz) 125 I 250 I 500 I 1000 I 2000 I 4000 65 65 65 65 65 65 8.3 10.4 13.0 15.9 18.9 21.9 56.7 54.6 52.0 49.1 46.1 43.1 Transmission Loss: 17 Note: These results were based on leo Beranek's method for barrier calculations(1). The method incorporates Makawa's published data and 1. Leo L. Beranek, "Acoustics", Acoustical Society of America, P.348 (1996) 31~~ 11 8000 65 24.9 40.1 Barrier Attenuation At WindowlBalcony Height Barrier Source Receiver Tranmission Loss 11 Distances barrier to source to barrier receiver N 0.02 0.05 0.09 0.19 0.37 0.75 1.49 2.99 Frequencies 63 125 250 500 1000 2000 4000 8000 17.95 9.05 4.52 2.26 1.13 0.57 0.28 0.14 ARG 0.38 0.54 0.77 1.08 1.53 2.17 3.06 4.33 Attenuation 0.41 0.80 1.50 2.69 4.52 6.94 9.76 12.74 5 5 5 5 5 5 5 5 5.41 5.80 6.50 7.69 9.52 11.94 14.76 17.74 ref spectrum 65 65 65 65 65 65 65 65 #### 2283.560044 20914.2 89152.9 269546 353454 254504 132949 42280.93 71.961 7943.282347 79432.8 398107 1584893 3162278 3981072 3981072 2511886 I Ji 11-11 II I 60.66357 11.297 HEIGHTS (in ft.) Source: 8 Barrier: 12 Receiver: 17 Distances (in ft.) Source to Barrier: 20 Barrier to Receiver: 120 Spectrum Attenuation Final SPL 63 65 5.4 59.6 Octave Band Center Frequencies (Hertz) 125 I 250 I 500 I 1000 I 2000 I 4000 65 65 65 65 65 65 5.8 6.5 7.7 9.5 11.9 14.8 59.2 58.5 57.3 55.5 53.1 50.2 8000 65 17.7 47.3 Transmission Loss: 11 Note: These results were based on Leo Beranek's method for barrier calculations(1). The method incorporates Makawa's 1. Leo L. Beranek, "Acoustics", Acoustical Society of America, P,348 (1996) 3t~~12 Mobil Oil Car Wash/Convenience Store Initial Study/Mitigated Negative Declaration Response To Comments During the public review period for the Mobil Oil Car Wash/Convenience Store Initial Study/Mitigated Negative Declaration two public comments were received. The comments were from the Sun Properties and the Airport Land Use Commission for Orange County. Specific comments from each letter are identified and are provided with a corresponding response. In accordance with section 15074 of the CEQA Guidelines, the Lead Agency shall consider the comments and associated responses when considering the adoption of Negative Declaration. 31A-113 Sun Properties RECEIVED April 3, 2005 APR 0 6 2005 :=)MHA ANA PLANNING DEFT Dan Bott City of Santa Ana P.O. Box 1988, M-20 Santa Ana, CA 92702 Re: ER-2003-232 Mobil Oil, car wash/convenience store. S/W corner of Main & MacArthur. Dear Dan, Sun Properties is the Association Manager for the Main Attraction Homeowners Association. The Main Attraction (3620-3640 S. Main Street) is owned by forty-two families that reside directly behind the above named proposed carwash/convenience store. I The Association has reviewed materials received concerning the project and note there is a 12 foot high wall to be constructed between our homes and the project. The Association would request the City of Santa require in the conditions of approval for this project, that the applicant provide lighting in the alley between the proposed project and the Association property from dust till dawn everyday. z In the past the Association has had problems with persons loitering in the alley between the two properties. We feel the addition of the twelve foot wall will further shield persons from sight if lighting is not provided. If you have any questions, please feel free to call me directly at 714-429-0900. Sincerely,/_ j.. 60. 8~~~ Ted W. Loveder, CMCA Ted W. Loveder, Inc. dba Sun Properties (714) 429-0900 telephone. (714) 731-2899 facsimile 18031 Irvine Blvd, #211, Tustin, CA 92780 .._--~.._------~-------,---~--~-----_._--------_._--~--_._-----------._._----~-~--- Association Management Certified Manager of Community AssociationS@ .~"",i"" ". i,:",- 31A-114 ~...,~.. :::J~'.' ..,,!,._,,~' \r ." ""'-"~ ..~"".',.:~ ~-' -+,--r:..~. . ,.. '.' , .... .~'.l ..".:~).. -~ Comment Letter Sun Properties Mobil Oil Car Wash/Convenience Store Initial Study/Mitigated Negative Declaration April 3, 2005 1. The submitted comment identifies that Sun Properties is the Association Manager of the Main Attraction Condominiums, located immediately south of the project site. 2. The submitted comment expresses concern that the required 12-foot sound wall would provide a visual barrier that could facilitate loitering within the alley between the project site and the Main Attraction Condominiums. The submitted comment has requested as a condition approval, the project provide lighting in the alley. In review ofthe project, the Police Department has conditioned the project to provide lighting to light the alley. The lighting would be confined to the alley and would not spill over into adjacent land uses. 31A-115 AIRPORT LAND USE COMMISSION FOR ORANGE COUNTY 3160 Airway Avenue · Costa Mesa, California 92626 · 949.252.5170 fax: 949.252.5178 Mr. Dan Bott, Environmental Coordinator Planning and Building Agency City of Santa Ana 20 Civic Center Plaza (M-20) P.O. Box 1988 Santa Ana, CA 92702 RECEIVED APR 0 4 2005 qANTA ANA PLANNING DEpr March 28, 2005 Subject: Notice ofIntent to Adopt Negative Declaration for Project Number: ER-2003-232 Dear Mr. Bott: On behalf of the Airport Land Use Commission (ALUC) for Orange County and after reviewing the subject CEQA Notice, we wish to offer the following comments based upon the policies and \ standards of the ALUC's adopted Airport Environs Land Use Plan (AELUP) for John Wayne Airport (JWA). As stated in the Initial Study / Mitigated Negative Declaration, the project is located within a JWA AELUP Referral Area, which in fact is the "Area of Special Airspace Concern" adopted by the ALUC on April 15, 2004. However, the Initial Study discussion contains several errors of terminology and interpretation. Specifically, regarding Initial Study Section VII "Hazards / Hazardous Materials", Paragraph D (page 14) pertaining to the issue of airport-related safety hazards, the discussion properly notes that the site is not within an Accident Potential/Clear Zone (now termed "RPZ" [Runway Protection Zone] in the JWA AELUP). However, contrary to the subsequent statement, the project is not within the FAA Notification Area (AELUP Height Restriction Zone), and consequently will not require referral to the ALUC. By coincidence, both the north end of JW A Runway 19R and the project site are at approximately the same elevation (35 Feet AMSL) and "2- are separated by a distance of about 6,620 feet. The FAA Notification Area consists of an upward sloping Imaginary Surface (at a ratio of 100:1), which if to be penetrated by a project requires the filing of FAA Form No. 7460 by the proponent. Hence, this FAA/AELUP Area is at an elevation of about 66 feet above ground, as it passes over the car wash site, far in excess of a single story building. Also, please note that the document and organization referenced in the paragraph is not the "Orange County Airport Environs Land Use Plan", nor the "John Wayne Airport Land Use Commission". The ALUC for Orange County is a state-mandated independent local commission, and is not a department or division of County government. Lastly, the ALUC's "Area of Special Airspace Concern" does encompass the project site. However, the ALUe's requirement to review all types of projects within this area applies only to proposals that would penetrate the FAR Part 77 Obstruction Imaginary Surfaces for JW A, a separate and much higher set of criteria than the notification surface. 31A-116 Mr. Dan Bott Page 2 March 28, 2005 Regarding Section XV "Transportation I Traffic", Paragraph C (page 33) pertaining to air traffic patterns we would agree that that the low-rise, commercial nature of the project should not result 3 in any changes to the air traffic patterns which have been established by the FAA and which support substantial activity by the users of JW A. We are especially pleased with your Department's diligence in referring this project for our technical comments, which we hope will further serve to clarify the City/ALUC relationship regarding the development situation in that sector of Santa Ana. Again, thank you for this opportunity to comment on your environmental analysis. If you have any questions, please contact me atjgolding@ocair.com or at (949) 252-5170. Sincerely, Joan S. Golding Executive Officer ~~. 31A-117 Comment Letter Orange County Airport Land Use Commission Mobil Oil Car Wash/Convenience Store Initial Study/Mitigated Negative Declaration March 28, 2005 1. The submitted comment states that the project site is located John Wayne Airport Environs Land Use Plan Referral Area. No specific comments were raised regarding the analysis and determinations in the Initial Study/Mitigated Negative Declaration. Therefore, no response is provided and the comment is noted. 2. The submitted comment provides clarification that the project site is not located with a FAA referral area as a result of the project not exceeding 66-feet in height. Additionally, the submitted comment clarifies the correct terminology when referring to the Airport Land Use Commission and the Airport Environs Land Use Plan for John Wayne Airport. No specific comments were raised regarding the analysis and determinations in the Initial Study/Mitigated Negative Declaration. Therefore, no response is provided and the comment is noted. 3. The submitted comment agrees with the determination in the Initial Study/Mitigated Negative Declaration that the proposed project would not result in any changes to air traffic patterns within the project area. Comment noted. 31A-118 Mobil Oil Carwash/Convenience Store Initial Study/Mitigated Negative Declaration Mitigation Monitoring Program MITIGATION MEASURE During construction, the contractor would be required to comply with SCAQMD Fugitive Dust Rule 403 to suppress dust generated by construction operations. To ensure compliance with SCAQMD Fugitive Dust Rule 403, grading plans and construction plans for the proposed project shall reflect the following notes: All material excavated or graded will be sufficiently watered to prevent excessive amounts of dust. All clearing and earthwork activities shall cease during period of high winds (winds greater than 25 mph averaged over one hour) or during Stage 1 or TIMMING Prior to Grading Permits and During Construction AGENCY APPROVAL Building/Planning Agency 31A-119 Stage 2 smog episodes. Streets surrounding the project site should be cleaned at the end of each day of construction. All material transported offsite shall either be sufficiently watered or securely covered to prevent excessive amounts of dust. Equipment engines shall be maintained in good condition and in proper tune according to manufacturer's specifications. To the extent feasible, gasoline powered equipment shall be used for onsite and offsite construction activities. The approved site plan for the project shall show the location of all monitoring wells on the Prior to Building Permits Building/Planning Agency 31A-120 project site. The site plan shall reflect that the monitoring wells would be accessible for monitoring and maintenance during the construction and operation of the project. Prior to the issuance building permits, the project applicant shall coordinate with the John Wayne Airport Land Use Commission. Building plans for the proposed project shall reflect that a sand/grease interceptor is provided within the proposed car wash area. Building plans for the proposed project shall identify Best Management Practices that shall be employed during construction operations to minimize water quality impacts. Prior to Building Permits Prior to Building Permits Prior to Building Permits Building/Planning Agency Building/Planning Agency Building/Planning Agency 31A-121 Building plans for the proposed project shall reflect that the proposed car wash would be a Mark VI I Automated Car Wash System or the Ryko Car Wash System. Building plans for the proposed project shall reflect a sound wall with a minimum height of 12 feet and a density of at least 4 lbs. per square feet. The location of the sound wall shall be provided ln accordance with Exhibit N-1. Mitigation monitoring shall be conducted after - Prior to Building Permits Prior to Building Permits During Operation Building/Planning Agency Building/Planning Agency Building/Planning Agency 31A-122 construction of the project to ensure that noise generated by the automated car wash shall not exceed the City's exterior noise standard. If the operation of the automated car wash exceeds the City's standards, additional noise mitigation shall be required to achieve compliance with the City's exterior noise standard. Additional mitigation may include the installation of automated doors at the entrance and exit of the car wash or sound walls. Construction Prior to Building/Planning plans for the Grading and Agency proposed Building project shall Permits reflect that construction operations would be 31A-123 limited to 7 AM to 8 PM Monday through Saturday, and not permitted on Sundays or Federal Holidays. Prior to the issuance of building permits, the project applicant shall submit evidence to the City of Santa Ana Building and Planning Department that appropriate school impact fees have been paid. Prior to Building Permits Building/Planning Agency 31A-124 KO - 5/25/05 RESOLUTION NO. 2005-12 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA DENYING CONDITIONAL USE PERMIT NO 2005-08(A) TO ALLOW A CAR WASH; APPROVING CONDITIONAL USE PERMIT NO. 2005-08(B) AS CONDITIONED TO PERMIT AFTER HOURS OPERATION AND APPROVING VARIANCE NO. 2005-04 AS CONDITIONED TO REDUCE THE REQUIRED LANDSCAPE SETBACKS FOR THE PROPERTY LOCATED AT 100 WEST MACARTHUR BOULEVARD BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Conditional Use Permit No. 2005-08(A) and (B) and Variance No. 2005-04 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on April 25, 2005. B. Conditional Use Permit No. 2005-08(A) has been filed with the City of Santa Ana seeking to allow the construction of car wash at the property located at 100 West MacArthur Boulevard. 1. Pursuant to Santa Ana Municipal Code Section 41-424.5, a Conditional Use Permit is required for car wash establishments in the C5 zoning district. 2. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a conditional use permit upon making certain findings. The Planning Commission determines that the findings necessary to grant the Conditional Use Permit have not been established: i. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or community? The proposed car wash will not contribute to the general well being of the community as the noise levels generated from the washing and drying functions of the car wash will adversely impact the surrounding residential uses. 31A-125 Resolution No. 2005-12 Page 1 of 7 ii. Will the proposed use under the circumstances of the particular case be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity? The proposed car wash will generate noise levels a minimum of 12 hours per day that will affect the resident's quality of life. Although the noise levels can be reduced, the car wash operations will still generate a significant level of noise that will affect the residents. iii. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The car wash will adversely affect the economic stability of the surrounding residents, as the car wash will become a nuisance whose noise impacts will affect the resident's quality of life. iv. Will the proposed use comply with the regulations and conditions specified in Chapter 41 of the S.A.M.C. for such use? The project is not in compliance with the City's design and development standards for a service station use. The site is currently deficient in regards to on-site landscaping and signage and will necessitate the granting of a variance to bring the site into compliance. v. Will the proposed use adversely affect the General Plan or any specific plan of the City? The car wash will be in conflict with the goals of the General Plan. For instance, the car wash is in conflict with Goals No.3 and 5, which are intended to protect neighborhoods and requires mitigation of development impacts. C. Conditional Use Permit No. 2005-08(B) has been filed with the City of Santa Ana seeking to allow the convenience store to remain open between the hours of 12:00 and 5:00 a.m. at the property located at 100 West MacArthur Boulevard. 1. Pursuant to Santa Ana Municipal Code Section 41-424.5, a Conditional Use Permit is required for retail markets having less 31A-126 Resolution No. 2005-12 Page 2 of 7 than 20,000 square feet of floor area which are open between the hours of 12:00 a.m. and 5:00 a.m. in the C5 zoning district. 2. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a conditional use permit upon making certain findings. I. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or the community? The proposed after hours operation of the service station and convenience store of between 12:00 a.m. and 5:00 a.m. will allow motorists and the community to purchase items generally unavailable during these hours from other retail establishments. ii. Will the proposed use under the circumstances of the particular case be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity? The after hours operation of the service station and convenience store will not be detrimental to individuals residing and working in the area. Conditions have been incorporated into the project to reduce adverse impacts that the project might generate as the result of the after hours operation such as the requiring that pay phones be located within the interior of the store and ensuring that visibility is maintained from the street to the interior of the store will increase the safety of employees and users of the site. The after hours operation of the service station and convenience store, in conjunction with the proposed conditions, will not be detrimental to the health, safety or general welfare of persons working in the area. iii. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The gasoline service station and convenience store will generate City tax revenue and employment in the community. During the hours proposed, the use provides services to the community and therefore the 31A-127 Resolution No. 2005-12 Page 3 of 7 use will enhance rather than adversely affect the economic development or stability of the area. iv. Will the proposed use comply with the regulations and conditions specified in Chapter 41 of the S.A.M.C. for such use? The project has been designed to comply with the City's design and development standards for a service station use and will be in compliance with the regulations established in Chapter 41 of the Santa Ana Municipal Code. v. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed gasoline service station and convenience store is in an area designated General Commercial (GC) in the General Plan. The use is consistent with the General Plan and the Arterial Commercial (C5) zoning district which permits service stations and retail stores less than 20,000 square feet and open between midnight and 5:00 a.m. with a conditional use permit. D. Variance No. 2005-04 has been filed seeking to reduce the required landscape setbacks for the property located at 100 West MacArthur Boulevard. 1. Although Section 41-427 of the SAMC requires a 15 foot wide setback, Section 41-689 allows nonconforming service stations the ability to reduce the required setback provided an equivalent amount of landscaping is provided within view of the public street. 2. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a Variance upon making certain findings. i. That because of special circumstances applicable to the subject property, including size. shape, topography, location or surroundings, that the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this chapter. The project is an existing service station that had its landscape setback on MacArthur reduced due to a street widening project several years ago. Due to the street widening, and the location of the existing fuel 31A-128 Resolution No. 2005-12 Page 4 of 7 pumps and building, it is infeasible to provide the required landscaped setback. The applicant has provided additional landscaping at the northeast corner of the site and within the interior of the project to mitigate the reduced setback. Therefore, due to the size of the lot, the strict application of the zoning ordinance would deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this chapter. ii. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The granting of the variance for a reduction in landscaped setbacks will preserve the property owners ability to develop the property with a use that will benefit the community by providing gasoline and food service to commuters, individuals who work in the area and motorists utilizing the SR-55 freeway corridor. iii. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The project will not be materially detrimental to the public welfare or injurious to surrounding property as proposed. The project will enhance the economic stability of the area by allowing the commercial component, thereby identifying the site as a vital, active commercial development. Therefore, the granting of the variance will not be materially detrimental to the public welfare or injurious to surrounding property. IV. That the granting of a variance will not adversely affect the General Plan of the City. The granting of the a variance will not adversely affect the General Plan of the City since the proposed service station and convenience store have been designed in conformance with City zoning, development and General Plan requirements. 31A-129 Resolution No. 2005-12 Page 5 of 7 E. In accordance with the California Environmental Quality Act, Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2004-240 has been prepared for this project. Section 2. The Planning Commission after conducting the public hearing hereby: A. Denies Conditional Use Permit No. 2005-08(A) seeking to allow the construction of car wash at the property located at 100 West MacArthur Boulevard. B. Approves Conditional Use Permit No. 2005-08(B) as conditioned in Exhibit "A" attached hereto and incorporated herein. C. Approves Variance No. 2005-04 as conditioned in Exhibit "B" attached hereto and incorporated herein. These decisions are based upon the evidence submitted at the abovesaid hearing, which includes but not is not limited to: the Request for Planning Commission Action dated April 25, 2005 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 25th day of April, 2005 by the following vote: AYES: Commissioners: Cribb, De La Torre, Gartner, Leo, Lutz, Mondo, Nalle(7) NOES: Commissioners: None (0) ABSENT: Commissioners: None (0) ABSTENTIONS: Commissioners: None (0) Glenn Mondo Chairperson APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee O. Otto Assistant City Attorney 31A-130 Resolution No. 2005-12 Page 6 of 7 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Martha Ramirez, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2005-12 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on April 25, 2005. Date: Planning Commission Secretary City of Santa Ana 31A-131 Resolution No. 2005-12 Page 7 of 7 Conditions for Approval for Conditional Use Permit No. 2005-08(B) Conditional Use Permit No. 2005-08(B) is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the Uniform Fire Code, the Uniform Building Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below prior to exercising the rights conferred by this conditional use permit. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. A. Plannina Division 1 . The project shall remain in compliance with Site Plan Review DP No. 04- 96. 2. Any amendment to this conditional use permit must be submitted to the Planning Division for review. At this time, staff will determine if administrative relief is available or the conditional use permit must be amended. 3. Lighting shall be provided along the south property line. The lighting shall be designed to provide lighting on the site as well as for the alley located to the south of the site. 4. The plans submitted for Building Division plan check shall note that a soffit element will be installed on the north and east elevations of the convenience store building. 5. Six 36-inch box trees shall be provided along the south property line as shown on a revised landscape plan. 6. The doors of the convenience store shall remain locked between the hours of 11 :00 p.m. to 5:00 a.m., seven days a week. Sales of items from the convenience store can still occur by use of the sales window. Mitiaation Measures 7. During construction, the contractor is required to comply with SCAQMD Fugitive Dust Rule 403 to suppress dust generated by construction operations. EXHIBIT "A" 31A-132 8. All materials excavated or graded will be sufficiently watered to prevent excessive amount of dust. 9. All clearing and earthwork activities shall cease during period of high winds (winds greater than 25 mph averaged over one hour) or during Stage 1 or Stage 2 smog episodes. 10. Streets surrounding the project site should be cleaned at the end of each day of construction. 11. All materials transported off-site shall either be sufficiently watered or securely covered to prevent excessive amounts of dust. 12. Equipment engines shall be maintained in good condition and in proper tune according to manufacturer's specifications. 13. To the extent feasible, gasoline powered equipment shall be used for on- site and off-site construction activities. 14. The approved site plan for the project shall show the location of all monitoring wells on the project site. The site plan shall reflect that the monitoring wells would be accessible for monitoring and maintenance during the construction and operation of the project. 15. Prior to issuance of building permit, the project applicant shall coordinate with the John Wayne Airport Land Use Commission. 16. Building plans for the proposed project shall identify Best Management Practices that shall be employed during construction operations to minimize water quality impacts. 17. Construction plans for the project shall reflect that construction operations would be limited to 7:00 a.m. to 8:00 p.m. Monday through Saturday, with no construction permitted on Sundays or Federal Holidays. 18. Prior to issuance of building permits, the applicant shall submit evidence to the Planning and Building Agency that appropriate school impact fees have been paid. B. Police Department 1. The existing building and parking lot must conform to the provisions of Chapter 8, Article II Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). These code conditions will require that the existing project's lighting, door/window locking devices and EXHIBIT" A" 31A-133 addressing be upgraded to current code standards. Lighting standards cannot be located in required landscape planters. 2. The applicant shall be responsible for maintaining the premises free of graffiti. All graffiti shall be removed within 24 hours of occurrence. 3. The cash registers must be visible from the street at all times and shall not be obstructed at any time by temporary or permanent signage. 4. Window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent of window coverage. Windows shall be kept clear of any advertising materials between three and six feet in height. 5. Window displays and racks must be kept to a maximum height of three feet including merchandise and cannot obstruct the cashiers view to the outside. 6. A timed-access cash controller or a money drop safe capable of easily providing the cashier the ability to quickly deposit money into it must be installed. 7. Install a silent armed robbery alarm. 8. There shall be no coin-operated games maintained on the premises at any time. 9. All pay telephones shall be located inside the premises and be designed to allow outgoing calls only. 10. The petitioner(s) shall be responsible for maintaining the premises free of litter. 11. The conditional use permit shall be reviewed at ninety days, six months, at one year and then annually thereafter by the Police Department for any modification to the conditions of approval. 12. "No Loitering/Trespass" signs/placards shall be posted in the parking lot. The posted signs must conform to Penal Code Section 602. 13. Provide a Closed Circuit Television System capable of viewing and recording events inside the premises as follows: (a) A minimum of one color camera at each cash register that views the front of a customer, from the waist to the top of the head. EXHIBIT "An 31A-134 (b) A minimum of one color camera that views the full-length side of a customer at the cash register area. (c) A color camera recorder capable of recording events on all cameras simultaneously. (d) A tape or disc storage library of recorded cameras kept for a minimum of 60 days. (e) If videotape is used, tapes cannot be taped over more than six times. (f) An audio recording component that will record sounds occurring at the customer counter. 14. Clearly distinguishable height markers shall be installed on the inside doorjamb of all doors used by the public to access the store. Horizontal marks, one-inch wide by three-inch long, in different colors, and in a contrasting color to the background, shall be placed every six inches beginning at five feet and ending at six feet, six inches. EXHIBIT "A" 31A-135 Conditions for ADDroval for Variance No. 2005-04 Variance No. 2005-04 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the Uniform Fire Code, the Uniform Building Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below prior to exercising the rights conferred by this variance. The applicant must remain in compliance with all conditions listed below throughout the life of the variance. Failure to comply with each and every condition may result in the revocation of the variance. A. Plannina Division 1. The project shall remain in compliance with Site Plan Review DP No. 04- 96. 2. Any amendment to this conditional use permit must be submitted to the Planning Division for review. At this time, staff will determine if administrative relief is available or the conditional use permit must be amended. Mitiaation Measures 3. During construction, the contractor is required to comply with SCAQMD Fugitive Dust Rule 403 to suppress dust generated by construction operations. 4. All materials excavated or graded will be sufficiently watered to prevent excessive amount of dust. 5. All clearing and earthwork activities shall cease during period of high winds (winds greater than 25 mph averaged over one hour) or during Stage 1 or Stage 2 smog episodes. 6. Streets surrounding the project site should be cleaned at the end of each day of construction. 7. All materials transported off-site shall either be sufficiently watered or securely covered to prevent excessive amounts of dust. 8. Equipment engines shall be maintained in good condition and in proper tune according to manufacturer's specifications. EXHIBIT "B" 31A-136 9. To the extent feasible, gasoline powered equipment shall be used for on- site and off-site construction activities. 10. The approved site plan for the project shall show the location of all monitoring wells on the project site. The site plan shall reflect that the monitoring wells would be accessible for monitoring and maintenance during the construction and operation of the project. 11. Prior to issuance of building permit, the project applicant shall coordinate with the John Wayne Airport Land Use Commission. 12. Building plans for the proposed project shall identify Best Management Practices that shall be employed during construction operations to minimize water quality impacts. 13. Construction plans for the project shall reflect that construction operations would be limited to 7:00 a.m. to 8:00 p.m. Monday through Saturday, with no construction permitted on Sundays or Federal Holidays. 14. Prior to issuance of building permits, the applicant shall submit evidence to the Planning and Building Agency that appropriate school impact fees have been paid. B. Police Department 1. The existing building and parking lot must conform to the provisions of Chapter 8, Article II Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). These code conditions will require that the existing project's lighting, door/window locking devices and addressing be upgraded to current code standards. Lighting standards cannot be located in required landscape planters. 2. The applicant shall be responsible for maintaining the premises free of graffiti. All graffiti shall be removed within 24 hours of occurrence. 3. The cash registers must be visible from the street at all times and shall not be obstructed at any time by temporary or permanent signage. 4. Window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent of window coverage. Windows shall be kept clear of any advertising materials between three and six feet in height. 5. Window displays and racks must be kept to a maximum height of three feet including merchandise and cannot obstruct the cashiers view to the outside. EXHIBIT "B" 31A-137 6. A timed-access cash controller or a money drop safe capable of easily providing the cashier the ability to quickly deposit money into it must be installed. 7. Install a silent armed robbery alarm. 8. There shall be no coin-operated games maintained on the premises at any time. 9. All pay telephones shall be located inside the premises and be designed to allow outgoing calls only. 10. The petitioner(s) shall be responsible for maintaining the premises free of litter. 11. The conditional use permit shall be reviewed at ninety days, six months, at one year and then annually thereafter by the Police Department for any modification to the conditions of approval. 12. "No LoiteringlTrespass" signs/placards shall be posted in the parking lot. The posted signs must conform to Penal Code Section 602. 13. Provide a Closed Circuit Television System capable of viewing and recording events inside the premises as follows: (a) A minimum of one color camera at each cash register that views the front of a customer, from the waist to the top of the head. (b) A minimum of one color camera that views the full-length side of a customer at the cash register area. (c) A color camera recorder capable of recording events on all cameras simultaneously. (d) A tape or disc storage library of recorded cameras kept for a minimum of 60 days. (e) If videotape is used, tapes cannot be taped over more than six times. (f) An audio recording component that will record sounds occurring at the customer counter. 14. Clearly distinguishable height markers shall be installed on the inside doorjamb of all doors used by the public to access the store. Horizontal EXHIBIT "B" 31A-138 marks, one-inch wide by three inch long, in different colors, and in a contrasting color to the background, shall be placed every six inches beginning at five feet and ending at six feet, six inches. EXHIBIT "B" 31A-139 31A-140