MEMORANDUM
CITY OF CHINO
DEVELOPMENT SERVICES DEPARTMENT
PLANNING COMMISSION MEETING DATE: JUNE 19, 2024
DATE: JUNE 19, 2024
TO: CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION
FROM: ANDREA GILBERT, CITY PLANNER
SUBJECT
Appeal of PL24-0018 (Administrative Approval) for the installation of an exterior back -up generator for O’Reilly Auto Parts located at 12516 Central Avenue in the Big Lots commercial center within the CG (Commercial General) zoning district.
RECOMMENDATION
Adopt Planning Commission Resoluti on No. PC2024 -015, denying the appeal and thereby upholding the approval of PL24 -0018 (Administrative Approval), based upon the findings and subject to the departmental conditions of approval.
BACKGROUND
On February 13, 2024, PL24 -0018 (Administrative Approval) was submitted on behalf of O’Reilly Auto Parts for exterior modifications of an existing vacant commercial space, which include the removal of a chain link enclosure and the addition of an emergency generator at O’Reilly Auto Parts in conjunction with the expansion of the store into the adjacent tenant space to the south . O’Reilly Auto Parts is located within the existing Big Lots commercial center at 12516 Central Avenue. As part of the Administrative Approval (AA) process, a 10 -day public notice was mailed to adjacent property owners on March 14, 2024 . At that time , no concerns were expressed concerning the installation of the proposed emergency generator. As a result, PL24-0018 was approved by the Director of Development Services on March 25, 2 024. After the application was approved, staff received a call from Bryan Angeles, an adjacent resident in the condominium complex, with concerns of existing nighttime noise from the commercial center and potential noise from the proposed generator. Staf f met with Mr. Angeles at the project site on April 4, 2024, and listened to his concerns, which were generally caused by noise from deliveries to other tenants within the shopping center during nighttime hours. Staff committed to working with O’Reilly Au to Parts on a solution to potential noise from the proposed emergency generator, including relocating the generator, increasing the height of the generator enclosure, and looking into other mechanisms to mitigate potential noise that could come from the generator. Mr. Angeles appreciated the meeting but proceeded in submitting an appeal to the approval of PL24 -0018 (Administrative Approval) within the 10 -day appeal period on April 4, 2024 based on noise concerns. The appellant is requesting that the approval of the emergency generator be overturned by the Planning Commission.
Interior modifications for O’Reilly Auto Parts do not require approval of an AA by the Planning Division, however since the project included exterior improvements and the install ation of an emergency generator for the store, an AA is required for those portions of the project. The purpose of the emergency generator is to allow the store to remain operational in the event of a 11 PLANNING COMMISSION MEETING DATE: JUNE 19, 2024
TITLE: APPEAL OF PL24-0018 (ADMINISTRATIVE APPROVAL).
PAGE: 2
power outage so that they may continue to serve customers. While primarily an auto parts store, O’Reilly Auto Parts also sells tools and equipment such as portable generators that are often in demand during widespread emergencies and power outages. O’Reilly Auto Parts is in the process of making an emergency g enerator a standard for their larger store s, which will include the Chino location once the expansion is completed. The approved AA includes the demolition of an existing chain link enclosure located on the south side of the building and the installation of an emergency generator which is located approximately 84 feet away from the west property line, shared with the adjacent residential condominium complex. The generator is proposed to be enclosed by a six-foot-high block wall designed to complement the existing building.
Appeal
In the appeal, Mr. Angeles outlined his concern regarding the potential noise from the proposed emergency generator at O’Reilly Auto Parts (Exhibit A). As previously mentioned, Mr. Angeles also verbally told staff at a site visit t hat noise emitted from the commercial center can be heard from the adjacent residential condominium complex, often during late night/early morning hours.
Noise is primarily from delivery trucks making late night deliveries to the existing commercial tenants. With these existing noise factors, the appellant is concerned that the proposed emergency generator would exa cerbate the existing nighttime noise. Staff explained the generator was being installed for emergency use only in the event of a power outage so that the store could remain operational. Following the meeting with Mr. Angeles, staff notified O’Reilly Auto Parts of the noise concerns and O’Reilly Auto Parts agreed to work with staff on a solution that would limit noise and meet the City’s noise ordinance, while still maintaining a generator for this location. It is important to note that w hile the C hino Municipal Code does not govern delivery hours for existing tenants in the commercial center, Code Enforcement staff did ask the tenants to be neighb orly and if possible, adjust the delivery hours to be less impactful on the adjacent residential properties.
Staff has engaged in multiple phone calls with Mr. Angeles and separately with O’Reilly Auto Parts to discuss possible modifications to the placeme nt of the emergency generator at the site to help address Mr. Angeles’s noise concerns. Proposed modifications to the project that were discussed included locating the generator further away from the adjacent condominium complex, increasing the height of t he enclosure, or locating the generator within the O’Reilly Auto Parts building. It was determined to be infeasible to locate the generator within the existing building, however the project team for O’Reilly Auto Parts supported relocating the generator further from the residential property, increasing the height of the wall from six feet to eight feet to further muffle the sound, and installing a muffler on the generator. Staff made several attempts to schedule a subsequent meeting with O’Reilly Auto Par ts and the appellant to review the project modifications and collaborate on a solution that would satisfy both parties.
A meeting was scheduled for May 3, 2024, with all parties and Mr. Angeles called staff the day of the meeting to cancel. Staff and the project team for O’Reilly Auto Parts did meet. As a result, O’Reilly Auto Parts agreed to the following modifications from the existing approval to help address Mr. Angeles’s noise concerns, which are reflected in the plans and conditions of approval for the project.
The emergency generator location w ill be re -located from the original location to increase the 84-foot setback from the adjacent residential property. As a result, the generator would now be approximately 118 feet away from the west property line. The proposed generator will include a muffler that will further mitigate noise emitted from the generator when in use. The muffler will reduce noise from the generator to 51.2 dBa at a distance of 118 feet from the generator when in use . Exhibits B and C provide 12 PLANNING COMMISSION MEETING DATE: JUNE 19, 2024
TITLE: APPEAL OF PL24-0018 (ADMINISTRATIVE APPROVAL).
PAGE: 3
further information on the generator noise levels and manufacturer specifications. To further reduce noise, the block wall enclosure for the generator will be increased by 2 feet to an 8 -foot-high block wall enclosure. The enclosure will b e architecturally compatible with the existing commercial building.
The generator is conditioned to only be used in the event of a power outage. Once power is restored, the generator is required to be turned off.
Public Noticing
Pursuant to Section 20.23.140 (Public Notices and Hearings) of the Chino Municipal Code, a 10-day notice was mailed to all adjacent property owners noticed with PL24 -0018 (Administrative Approval), and information was sent out on the City’s social media platforms. In response to the public notice, no comments have been received. The notice exceeds legal noticing requirements.
ENVIRONMENTAL REVIEW
Staff has performed a preliminary environmental assessment of this proposed project and has determined that it falls within Class 1 Categorical Exemption set for in California Environmental Quality Act (CEQA) Guidelines Section 15301, Existing Facilities. Furthermore, staff has determined that none of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines, section 15300.2 apply to the proposed project.
Attachments: Exhibit A – Appeal Application
Exhibit B – Generator Noise Levels
Exhibit C – Manufacturer Generator Specifications
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24 RESOLUTION NO. PC2024-015
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CHINO, CALIFORNIA , DENYING BRIAN ANGELES’S APPEAL AND
APPROVING PL24-0018 (ADMINISTRATIVE APPROVAL) FOR THE
INSTALLATION OF A BACKUP GENERATOR FOR O’RELLY AUTO
PARTS, LOCATED AT 12516 CENTRAL AVENUE (APN: 1015-371-
02).
WHEREAS, CASCO for O’Reilly Auto Parts (the “Applicant”), has filed an application with the City of Chino (the “City”) for approval of PL24 -0018 (Administrative Approval) (the “Project”) for the installation of a backup generator for O’Reilly Auto Parts, located at 12516 Central Avenue (the “Property”); and
WHEREAS, in compliance with the California Environmental Quality Act (CEQA), staff has performed a preliminary environmental assessment of the proposed project and has determined that it falls within Class 1 Categorical Exemption set forth in CEQA Guidelines Section 15301, Existing Facilities , and that none of the exceptions to the categorical exemptions set forth in the CEQA Guidelines 153 00.2 apply to th e Project; and
WHEREAS, on March 14, 2024, a 10 -day public notice regarding the City’s consideration of the Project was mailed to property owners adjacent to the Property in compliance with the Chino Municipal Code; and
WHEREAS, on March 25, 2024, PL24 -0018 (Administrative Approval) was approved by the Director of Development Services; and
WHEREAS, Brian Angeles (the “Appellant”) filed a timely appeal of the approval of the Project; and
WHEREAS, on June 19, 2024, the Planning Commission held a duly noticed public hearing to consider the Appellant’s appeal.
NOW, THEREFORE, the Planning Commission of the City of Chino, California, does hereby FIND, DETERMINE, and RESOLVE as follows:
A. The foregoing recitals are true and correct and incorporated herein.
B. Based on substantial evidence, both written and oral, from the public hearing, the Planning Commission makes the following findings and takes the following actions on the appeal and on PL24-0018 (Administrative Approval):
25 RESOLUTION NO. PC2024-015
1. PL24-0018 Administrative Approval
a. The proposed Project is permitted within the subject zoning district and complies with all applicable provisions of this Zoning Code, including prescribed use and development standards , and design guidelines . The Project consists of an emergency backup generator, which is permitted with an administrative approval in the Commercial General (CG) land use designation of the Central Avenue Specific Plan and complies with all the applicable provisions of the City’s Zoning Code;
b. The subject site is physically suitable, including, but not limited to, parcel size, shape, access and availability of utilities, for the type and intensity of Project being proposed, as the proposed generator will be installed within an existing commercial center located at the southwest corner of Central and Walnut Avenues. The Project, which consists of an emergency backup generator, meets or exceeds all minimum zoning requirements . The only construction proposed in conjunction with the installation of the backup generator includes the generator itself and an 8 -foot-high block wall enclosure;
c. The proposed Project is compatible with those on abutting properties and in the surrounding neighborhood in that the project site is surrounded by commercial uses to the north, south and east including a shopping center on the north side of Walnut Avenue, commercial development on the east side of Central Avenue and the El Camino Real Plaza to th e south. A residential condominium complex is located to the west of the project site.
To ensure compatibility with the residential community, the generator will be setback of 118 feet and nine inches from the west property lin e.
Additionally, the genera tor will be equipped with a noise muffler and enclosed by an 8-foot-high block wall to minimize noise;
d. The proposed location, size, and operating characteristics of the proposed Project will not be detrimental to the public interest, health, safety or general welfare as this Project is consistent with the City of Chino’s General Pla n and the Chino Municipal Code . The emergency backup generator will be enclosed by an eigh t-foot-high block wall, which will screen the generator completely from view and mitigate noise levels. The generator will also be equipped with a noise muffler. The operation of this generator will only take during emergency power outages to allow the store to remain operational;
e. The proposed Project will not have a significa nt adverse impact on the environment. In compliance with the California Environmental Quality Act (CEQA), staff has performed a preliminary environmental assessment of the proposed project and has determined that it falls within Class 1 Categorical Exempt ion set forth in CEQA Guidelines Section 15301, Existing Facilities;
26 RESOLUTION NO. PC2024-015
f. The minimum safeguards necessary to protect the public health, safety and general welfare have been required of the proposed Project. In addition, certain safeguards have been required of the Project, which the Planning Commission deems necessary to protect the public health, safety, and general welfare. These safeguards (Conditions of Approval) are attached hereto as Exhibit “A”. Furthe rmore, the Project meets all required development standards and policies pertaining to commercial development in the City.
2. CEQA Findings. The Planning Commission finds that, in compliance with the California Environmental Quality Act ( CEQA), Pursuant to Guideline § (15309), (Existing Facilities), the Project qualifies as being categorically exempt from CEQA and will have no significant impact on the environment. Furthermore, none of the exceptions to the categorical exemptions set forth in the CEQA Guide lines 15300.2, apply to this project.
3. Deny the appeal and grant approval of PL24-0018 (Administrative Approval). The Planning Commission hereby denies the appeal and approves PL24-0018 (Administrative Approval) subject to the Conditions of Approval attached hereto as Exhibit “A”. Applicant, including its successors and assigns, shall be responsible for implementing and complying with all conditions set forth in Exhibit “A”.
4. Actions by the Planning Commission Secretary. The Planning Commission Secretary is hereby directed to attest to the adoption of this Resolution as of the date set forth below and forthwith transmit a copy of this Resolution, by regular mail, to the Applicant at the address of record set forth in the Application.
PASSED, APPROVED, AND ADOPTED THIS 19TH DAY OF JUNE 2024.
PLANNING COMMISSION CHAIRPERSON
ATTEST:
SECRETARY, PLANNING COMMISSION
27 RESOLUTION NO. PC2024-015
State of California )
County of San Bernardino ) §
City of Chino )
I hereby certify the foregoing Resolution was duly adopted by the Chino Planning Commission at a meeting held on the 19th day of June 2024 and entered in the minutes of said Commission.
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
SECRETARY, PLANNING COMMISSION
Attachment: Exhibit A – Conditions of Approval
28 EXHIBIT A
DEPARTMENTAL
CONDITIONS OF APPROVAL
DATE: June 19, 2024
PROJECT FILE NO.: PL24-0018 (Administrative Approval)
LOCATION: 12516 Central Avenue APN 1015-371-02
APPLICANT: CASCO for O’Reilly’s
The departments listed below have reviewe d the above referenced application. Those departments marked with an “X” have required conditions of approval to be imposed on the project.
Development Services Department –
[X ] Planning Division
[ ] ADA Accessibility Division
Public Works Department –
[ ] Engineering Division
[ ] Traffic Division
[ ] Chino Valley Independent Fire District
[ ] Police Department
[ ] Finance Department
[ ] Community Services, Parks & Recreation Department
29 DEVELOPMENT SERVICES DEPARTMENT
PLANNING DIVISION CONDITIONS OF APPROVAL
DATE: June 19, 2024
PROJECT FILE NO.: PL24-0018 (Administrative Approval)
LOCATION: 12516 Central Avenue (APN 1015-371-02)
APPLICANT: CASCO for O’Reilly Auto Parts
1.0 TIME LIMITS:
1.1. Administrative approval shall expire on June 19, 2025, if the approved use if a building permit is not obtained and/or the approved use has not commenced. The expiration date may be extended upon written request by the applicant on a City application f orm. The request must be received by the Director of Development Services at least 30 days prior to expiration of the application.
1.2. Should the use for which this approval is granted cease to exist for 180 or more consecutive days, this permit shall be deemed null and void.
2.0 GENERAL REQUIREMENTS:
2.1. Failure to comply with any conditions of approval shall be deemed just cause for revocation of project approval by the Planning Commission.
2.2. The project shall proceed only in accordance with approved plans on file with the Development Services Department, the conditions contained herein and the Chino Municipal Code.
2.3. Approval of this request shall not waive compliance with all sections of the Chino Municipal Code, all other applicable City ordinances, and applicable specific plans.
2.4. Pursuant to Government Code Section 66020, the applicant is informed that the 90 -day period in which the applicant may protest the fees, dedications, reservation or other exaction imposed on this project through the conditions of approval has begun.
2.5. In the event that any condition contained herein is determined to be invalid or legally unenforceable, then all remaining conditions shall remain in force.
30 DEVELOPMENT SERVICES DEPARTMENT PLANNING DIVISION
CONDITIONS OF APPROVAL
FILE NO.: PL24-0018 (Administrative Approval) DATE: June 19, 2024
2.6. In the event that any condition imposing a fee, exaction, dedication, or other mitigat ion measure is chal lenged by the project sponsors and/or other parties in an action filed in a court of law, which action is brought within the time period provided for by law, this approval shall be suspended pending dismissal of such action, the expirati on of the limitation period applicable to such action, or final resolution of such action. If any condition is invalidated by a court of law, the applicable section of the entire project shall be reviewed by the City and substitute conditions may be imposed.
2.7. The applicant shall agree, at its sole cost and expense, to defend, indemnify, and hold harmless the City, its officers, employees, agents, and consultants, from any claim, action, or proceeding brought by a third party against the City, its officers, agents, and employees, which seeks to attack, set aside, challenge, void, or annul an approval of the City Council, Planning Commission, or other decision -making body, or staff action concerning this project. The City agrees to promptly notify the applic ant of any such claim filed against the City and to fully cooperate in the defense of any such action. The City may, at its sole cost and expense, elect to participate in the defense of any such action under this condition.
2.8. The City of Chino has an exclu sive contract with Waste Management for all solid waste collection and hauling services within the City. The applicant shall be responsible for making arrangements with Waste Management for disposal of any/all construction debris or trash generated as a r esult of this permi t. Waste Management can be reached at 1 -800 423-9986.
2.9. Pursuant to Public Resources Code Section 21089 and Fish and Wildlife Code Section 711.4, the developer shall provide those fees marked [X] below in the form of a check made payabl e to the San Bernardino County Clerk of the Board of Supervisors within 5 days of Planning Commission approval . Project approval shall not be complete until the required fee(s) is (are) paid:
[ X ] $50 for the Notice of Exemption filing fee.
3.0 PRIOR TO THE ISSUANCE OF A BUILDING PERMIT AND/OR
COMMENCEMENT OF THE APPROVED USE:
3.1. Upon submittal of construction drawings to the Building Division for plan check review, all departmental conditions of approval for the project shall be included on the sheet followin g the title sheet, or the first construction 31 DEVELOPMENT SERVICES DEPARTMENT PLANNING DIVISION
CONDITIONS OF APPROVAL
FILE NO.: PL24-0018 (Administrative Approval) DATE: June 19, 2024
drawing sheet. This condition shall be a minimum requirement for acceptance of construction drawings for the Building plan check review.
3.2. Revised plans, incorporating all conditions of approval, shall be submitt ed for review and approval by the Director of Development Services.
3.3. All plans shall be coordinated for consistency.
3.4. The applicant shall pay development impact fees at the established rate.
Such fees may include, but not be limited to, new construction fe e, park or open space fees, school fees, drainage fees, sewer fees, building permit and plan check fees.
3.5. A coating that will facilitate the removal of graffiti shall be applied over the complete height of all walls and/or fences, and to a height of eight feet on building walls, at the following locations: the generator enclosure . If a coating is not provided, the owner of the property shall paint the buildings and/or walls to remove graffiti within 72 hours of notice.
4.0 THE APPROVED USE SHALL BE OPERATED IN ACCORDANCE WITH THE FOLLOWING:
4.1. All operations shall not create a nuisance due to noise, odor, dust, mud, smoke, steam, vibration or other similar causes.
4.2. The operation or activity shall not cause the emission of any smoke, fly ash, dust, fumes, vapors, gases, or other forms of air pollution that can cause damage to human health, vegetation, or other forms of air pollution that can cause excessive soiling on any other parcel. No emission shall be permitted which exceeds the requirements of the South Coast Air Quality Management District or the requirements of any Air Quality Plan adopted by the City of Chino.
4.3. The operation or activity shall not emit odorous gases or other odorous matter in such quantities as to be dangerous, injurious, noxious, or otherwise objectionable to a level that is detectable with or without the aid of instruments at or beyond the project site boundary.
4.4. The operation shall not discharge, at any point, into any public or private street, public sewer, storm drain, private stream, bo dy of water, or into the ground, any material which can contaminate any water supply, interfere with bacteriological processes in sewer treatment, or otherwise cause the emission of dangerous or offensive elements, except in accordance with the standards a pproved by the California Department of Public Health, or any other federal, state or local government agency.
32 DEVELOPMENT SERVICES DEPARTMENT PLANNING DIVISION
CONDITIONS OF APPROVAL
FILE NO.: PL24-0018 (Administrative Approval) DATE: June 19, 2024
4.5. No operation or activity shall emit heat or cold that would cause a temperature increase or decrease on any adjacent parcel in excess of 100F (5.560C).
4.6. No operation or activity shall cause any impermissible source of electronic disturbance that adversely affects persons or the operation of any equipment on any other parcel that is not in conformance with the regulations of the Federal Communicati ons Commission (FCC).
Impermissible interference for the purposes of this document shall mean any interference that violates the rules and regulations of the FCC and/or the Communications Act of 1934, as amended.
4.7. No operation or activity shall be permitte d to cause a steady state, earth - borne oscillation which is continuous and occurring more frequently than 100 times per minute beyond the project site. Ground vibration caused by moving vehicles, trains, aircraft, or temporary construction or demolition is exempted from this requirement.
4.8. Noise emanating from the project site, and which is received by adjacent land uses, shall not exceed the levels specified below, except that loudspeakers, bells, gongs, buzzers or other noise attention or attracting devices shall not exceed a maximum daytime dBA level of 60 and nighttime dBA of 40, measured anywhere beyond the boundaries of the property within which the noise is created.
5.0 OTHER REQUIREMENTS
5.1 Special Conditions:
5.1.1 The existing chain link enclosure located on the south elevation of the building shall be removed and all debris shall be removed from the site.
Maximum Time of
Exposure
Noise
Metric
Noise Level Not To Be Exceeded
7 a.m. to 10 p.m. 10 p.m. to 7 a.m.
30 Minutes/Hour L50 55 dBA 50 dBA
15 Minutes/Hour L25 60 dBA 55 dBA
5 Minutes/Hour L8.3 65 dBA 60 dBA
One Minute/Hour L1.7 70 dBA 65 dBA
Any Period of Time Lmax 75 dBA 70 dBA
33 DEVELOPMENT SERVICES DEPARTMENT PLANNING DIVISION
CONDITIONS OF APPROVAL
FILE NO.: PL24-0018 (Administrative Approval) DATE: June 19, 2024
5.1.2 An 8 -foot-high block wall enc losure shall be provided around the generator. Additionally, the generato r shall be equipped with a noise mitigating muffler.
5.1.3 The generator shall be used for emergency purposes only, in the event of a power outage.
5.1.4 Testing of the generator shall only be conducted from 9:00 AM to 4:00 PM.
34