Recommendation 23-02: Consider working with the school districts and community college districts within their jurisdictions to identify land developable land for housing owned by districts within their boundaries.
Response to Recommendation 23-02: The City of Coronado has already implemented this recommendation. The City has held discussions with District representatives about potential, future workforce housing development on District property.
Recommendation 23-03: Consider working with local religious institutions within their jurisdictions to identify land developable for housing, particularly affordable housing.
Response to Recommendation 23-03: The City of Coronado has already implemented this recommendation. The City has had discussions with religious institutions that own land with adequate development capacity about opportunities for adding affordable housing on their property.
Recommendation 23-04: Consider drafting revenue-generating legislation at the jurisdiction level, if feasible and legal e.g., the Seattle Jumpstart Tax. Monies generated by such a tax to fund or assist in funding the construction of housing, particularly affordable housing.
Response to Recommendation 23-04: This recommendation will not be implemented because it is infeasible due to scale. Tax measures that may work well for large cities like Seattle with a broad employer base (population of ~750,000 with 22,000 businesses) are not suited for small cities such as Coronado (population of ~20,000 with 600 businesses and 46% of jobs associated with the military). A tax measure in Coronado modeled on high payroll and individual incomes would not generate adequate revenue within a reasonable timeframe to develop affordable housing.
Recommendation 23-05: Consider providing legislative support to re-introducing in the State Legislature SB 1105, or similar legislation, to create a San Diego County agency that could raise revenue for housing.
Response to Recommendation 23-05: This recommendation will not be implemented due to redundancy with existing agencies. The City of Coronado agrees that lack of funding has been a significant impediment to affordable housing development since the dissolution of redevelopment agencies in 2012. The creation of a new regional government agency with the ability to incur additional public debt and levy new local taxes to produce affordable housing is unwarranted, however, because the San Diego region is already served by the San Diego Housing Commission, a public housing agency created in 1979 whose mission is to create affordable housing opportunities, and SANDAG, a regional council of government that possesses the authority to tax and issue bonds and whose portfolio also includes affordable housing programs. It is unclear what benefits would derive from a third regional government agency with overlapping responsibilities.
City of Coronado Page 113
Judge Smyth
July 24, 2023
Recommendation 23-06: Consider providing legislative support to SB4, which is currently before the legislature. This bill makes it easier to provide affordable housing on land owned by religious institutions.
Response to Recommendation 23-06: This recommendation has not yet been implemented but will be within the next 90 days.
The City appreciates the time and effort the Grand Jury invested to study this important regional matter and for its report and recommendations. If you have any questions regarding the City of Coronado’s responses, please contact me at (619) 522-7335.
Respectfully submitted,
Tina Friend
City Manager
cc: Mayor and City Council
City of Coronado Page 114
CITY COUNCIL STAFF REPORT
July 18, 2023 5e
AUTHORIZE STAFF TO ADVERTISE THE POINT PUMP STATION UPGRADE PROJECT FOR
BID AND AUTHORIZE EXECUTION OF A WORK ORDER WITH NASLAND ENGINEERING FOR AN ADDITIONAL $19,500 FOR BID AND CONSTRUCTION SUPPORT SERVICES RECOMMENDATION:
Authorize staff to advertise the Point Pump Station Upgrade project for bid and authorize the City Manager to execute a work order modification with Nasland Engineering in a not to exceed the amount of $19,500 for bid and construction support services.
BACKGROUND:
The Point Pump Station, located adjacent to 52 The Point (along Admiralty Cross), requires rehabilitation primarily due to its age and normal wear and tear; the project generally consists of the following:
1) The replacement of the pump controls and backing board; 2) The replacement of the existing pumps with new “chopper” pumps able to chop/grind materials such as rags that get flushed and clog conventional centrifugal pumps; 3) The replacement of the wet well and valve vault hatches with fall protection to enhance safety for maintenance personnel;
4) Installation of a wet well suction line within the valve vault to allow maintenance of the station to occur without having to open both the wet well and valve vault hatches. Currently, both hatches must be opened for maintenance personnel to set up a bypass of the station; because the hatches are located within the street, additional staffing resources are currently required to ensure that proper traffic control is in place and the work area is safely cordoned off from pedestrians; and 5) The addition of a water source and hose bib to aid in cleaning and maintenance operations.
ANALYSIS:
The Council’s authorization to advertise will allow staff to issue the construction documents for public bid. Plans and specifications are available for review in the Public Services and Engineering Department.
The original work order with Nasland Engineering to design the project (totaling $91,608 and executed in 2018) accounted for bid and construction support services totaling approximately $14,000. However, this portion of the project budget was ultimately used for design efforts to address unanticipated technical design requirements. Bid and construction support services are still needed to provide City staff with technical support and assistance answering questions from potential bidders throughout the bidding process as well as from the contractor throughout construction. A new work order totaling $19,500 is being recommended at this time, the cost increase from the original work order being primarily due to inflation between 2018 and the present City of Coronado Page 115
day. The resulting cumulative cost of design efforts therefore would exceed the City Manager’s signing authority and requires City Council approval.
FISCAL IMPACT:
The Point Pump Station Upgrade Project (510781-9722-18011) is included in the FY 2023-24 Capital Improvement Program (CIP). The project’s budget of $1,387,000 is from the Wastewater Fund accounts for both the design and construction of the project. To date, $91,600 has been spent on design and the engineer’s construction estimate for the project is $1,143,000. After accounting for the recommended work order modification, sufficient funds should still be available to construct the project as designed.
ALTERNATIVE:
The Council could elect to bid the project at a later date.
CALIFORNIA ENVIRONMENTAL QUALITY ACT:
The project is categorically exempt from the provisions of CEQA based on Article 19, Sections 15301 (existing facilities) and 15302 (replacement or reconstruction).
PUBLIC NOTICE:
No notice required.
ATTACHMENTS:
None.
Submitted By: Public Services and Engineering Department / Dave Johnson City of Coronado Page 116
CITY COUNCIL STAFF REPORT
July 18, 2023 5f
ACCEPT THE STREET PREVENTIVE MAINTENANCE (FY 2022-23 ANNUAL PROGRAM)
CAPITAL IMPROVEMENT PROJECT AND DIRECT THE CITY CLERK TO FILE A NOTICE OF
COMPLETION
RECOMMENDATION:
Accept the Street Preventive Maintenance (FY 2022-23 Annual Program) Capital Improvement Project and direct the City Clerk to file a Notice of Completion.
BACKGROUND:
This project is part of a maintenance program that prolongs the life of asphalt roadways by applying a slurry seal, which is a thin (approximately one-eighth of an inch thick) layer of sand and emulsified asphalt mixture that rejuvenates the existing asphalt surface. Every fiscal year, approximately one-seventh of Coronado’s streets and parking lots are rehabilitated by removing old roadway striping and pavement markings, filling cracks exceeding one-quarter of an inch in width, applying a Type I slurry coat, and repainting roadway striping and markings. In addition, alleys immediately adjacent to treated streets have fire lane stripes repainted in conjunction with each year’s slurry seal project.
ANALYSIS:
American Asphalt South, Inc. was awarded the construction contract for the project and was issued a Notice to Proceed on March 23, 2023. The project was deemed substantially completed in accordance with the project plans and specifications on May 5, 2023; minor damage to the City’s Nature’s Bridge to Discovery structure caused by slurry operations along the Bayshore Bikeway was ultimately fixed on June 29, 2023. Timely recording of a Notice of Completion is an important step in finalizing the project as it triggers a 30-day deadline to file stop notices under Civil Code Section 9356(a).
FISCAL IMPACT:
The FY 2022-2023 Capital Improvement Program provided a $400,000 project budget ($100,000 in TransNet funds; $300,000 in HUTA funds). An additional $103,565 of HUTA funds were allocated to the project by the City Council on February 21, 2023, when the construction contract was awarded. The total project cost, including design, construction, testing and inspection, and other miscellaneous expenses, is $443,855 as shown below. The remaining balance of $59,710 will be returned to the appropriate account(s).
City of Coronado Page 117
PROJECT SUMMARY
TOTAL BUDGET $503,565
ACTUAL
Design $ -
Construction $432,696
Materials Testing $11,108
Miscellaneous Expenses $51
TOTAL ACTUAL $443,855
PROJECT SURPLUS $59,710
ALTERNATIVE:
None.
CALIFORNIA ENVIRONMENTAL QUALITY ACT:
Accepting a project previously found to be categorically exempt is not a “project” under the California Environmental Quality Act.
PUBLIC NOTICE:
No notice required.
ATTACHMENTS:
No Attachments.
Submitted By: Public Services and Engineering Department / Jim Newton City of Coronado Page 118
CITY COUNCIL STAFF REPORT
July 18, 2023 5g
AUTHORIZATION FOR THE CITY MANAGER TO EXECUTE A THREE-YEAR AGREEMENT WITH OPTION TO EXTEND FOR TWO (2) ADDITIONAL ONE-YEAR PERIODS, FOR THIRDPARTY WORKERS’ COMPENSATION ADMINISTRATION WITH KEENAN & ASSOCIATES FOR AN AMOUNT NOT TO EXCEED $131,193 IN THE FIRST YEAR
RECOMMENDATION:
Authorize the City Manager to execute a three-year agreement with the option to extend for two additional one-year periods, with Keenan & Associates, who will continue to provide third-party workers’ compensation claims administration, including bill review, utilization review and medical management of the City’s active cases.
BACKGROUND:
The City of Coronado is a member of the Local Agency Workers' Compensation Excess (LAWCX) Joint Powers Authority. LAWCX claims administration standards, reporting and reimbursement procedures, and their respective performance standards (LAWCX Standards) make up the minimum requirements and level of service to be provided by the third-party administrator (TPA) in delivering claims adjusting services and related activities to the City.
Third-party administrators manage claims, assist with return-to-work programs, serve as a liaison to defense attorneys, frontline medical providers and specialists, and make recommendations for the settlement of claims, among other claims-related services. Keenan & Associates is the City of Coronado's current third-party workers’ compensation claims administration provider.
The City of Coronado conducted a Request for Proposal (RFP) and selected three of the firms to provide a presentation to a selection committee of City staff in October 2022. The selection committee carefully considered the presentations that were made by the three proposers and based on their extensive knowledge of the public sector, their ability to provide customized training and analytics, and their commitment to provide an overall reduction in workers’ compensation claims costs, staff recommends that Keenan & Associates be awarded a three-year agreement for workers’ compensation administration services.
ANALYSIS:
The cost of workers’ compensation claims has been steadily increasing, both in medical costs and the average value of individual claims. Keenan & Associates’ industry expertise, resources, and established processes maximize efficiency and contain costs by using a proactive approach are essential to the City’s goal of providing excellent care for employees injured on the job, while managing the trend of increasing costs. Since 2016, Keenan & Associates have provided improved service for City staff and enhanced customer service for injured employees.
FISCAL IMPACT:
The Fiscal Year 2023-24 budget Workers’ Compensation Fund (114160) includes funding for claims administration services. The term of the agreement is for three years with the option to extend for two (2) one-year periods. The fees for these services will be $131,193 for the first year, $135,129 for the second year and $139,183 for the third year.
City of Coronado Page 119
ALTERNATIVE:
The City Council could direct staff to execute an agreement with a term of less than three years or award the contract to a different consultant.
CALIFORNIA ENVIRONMENTAL QUALITY ACT:
Not a “project” under the California Environmental Quality Act.
PUBLIC NOTICE:
No notice is required.
ATTACHMENTS:
1. Keenan & Associates WC TPA Agreement
Submitted By: Administrative Services Department / John Kim City of Coronado Page 120
1 AGREEMENT FOR PROFESSIONAL SERVICES
WORKERS’ COMPENSATION THIRD-PARTY CLAIMS ADMINISTRATION
SERVICES
Contract No. 23-PS-AD-1206
This AGREEMENT is made and entered into as of the date of execution by the City of Coronado, a California municipal corporation, hereinafter referred to as “CITY” and Keenan & Associates, a California Corporation hereinafter referred to as “TPA” (hereinafter jointly referred to as the “PARTIES”).
RECITALS
The CITY requires the services of a TPA to provide third-party Workers’ Compensation claims administration for the City’s self-insured workers’ compensation program (the “PROGRAM”). The work to be performed by TPA is described in ATTACHMENT A and shall be referred to herein as the “DESCRIBED SERVICES.”
TPA represents itself as being a professional Workers’ Compensation claims administration firm possessing the necessary experience, skills, and qualifications to provide the services required by the CITY. TPA warrants and represents that it has the necessary staff to deliver the services within the time frame herein specified.
On July 18, 2023, the City Council for the CITY approved this AGREEMENT and authorized the City Manager to execute the form of this Agreement.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, CITY and TPA (collectively referred to as the “PARTIES”) agree as follows:
1.0 TERM OF THE AGREEMENT
1.1 This AGREEMENT shall be effective beginning July 1, 2023. The AGREEMENT shall be in effect for a term of three-years. The CITY shall have the option to extend the AGREEMENT, if agreed to by the TPA.
1.2 The TPA shall commence the performance of the DESCRIBED SERVICES immediately upon execution of this AGREEMENT. Time is of the essence in this AGREEMENT. Failure to meet the schedule contained in this AGREEMENT is a default by the TPA.
Attachment 1
City of Coronado Page 121
2 1.3 A delay occasioned by causes beyond the control of TPA may merit an extension of time for the completion of the DESCRIBED SERVICES. When such delay occurs, TPA shall immediately notify the CONTRACT OFFICER in writing of the cause and the extent of the delay, whereupon the CONTRACT OFFICER shall ascertain the facts and the extent of the delay and may grant an extension of time for the completion of the DESCRIBED SERVICES when justified by the circumstances. TPA acknowledges and agrees that delays arising out of or related to COVID-19 or related federal, state or local laws, regulations, orders, rules, policies or guidance will not merit an extension of time. TPA represents and warrants that it can perform the DESCRIBED SERVICES competently and in a timely fashion and has taken into account circumstances and delays that may occur as a result of or arising out of COVID-19 or applicable laws related thereto in entering into this AGREEMENT.
1.4 This AGREEMENT may be terminated in accordance with the provisions contained in this AGREEMENT.
1.5 Renewal or Extension Provisions. This AGREEMENT shall be in effect for a term of three (3) years with two (2) one-year renewal options upon mutual consent. Prices shall remain firm for the first year of the AGREEMENT.
2.0 TPA'S OBLIGATIONS AND SCOPE OF WORK (ATTACHMENT A)
2.1 TPA shall provide the CITY with the professional services for the PROGRAM that are described in ATTACHMENT A and are hereinafter referred to as the “DESCRIBED SERVICES.”
2.2 TPA shall perform all the tasks required to accomplish the DESCRIBED SERVICES in conformity with the applicable requirements of federal, state, and local laws in effect at the time that the DESCRIBED SERVICES are being performed and at the time that the scope of work is substantially completed by the TPA.
a. The TPA is responsible for ensuring the professional quality, technical accuracy, and coordination of all services and documents furnished by the TPA under this AGREEMENT.
b. The TPA shall be obligated to comply with applicable standards of professional care in the performance of the DESCRIBED SERVICES. Where any condition exists for which the TPA must make a judgment that could result in an actual condition that is materially different, the TPA shall advise the CITY in advance and request specific direction.
c. The TPA shall, without additional compensation, immediately correct or revise any DESCRIBED SERVICES that do not meet the foregoing professional responsibility standards.
2.3 During the term of this AGREEMENT, TPA shall maintain professional certifications as required in order to properly comply with all applicable federal, state, and local laws. If the TPA lacks such certification, this AGREEMENT is void and of no effect.
Attachment 1
City of Coronado Page 122
3 2.4 Conflict of Interest and Political Reform Act Obligations, if determined to be applicable according to ATTACHMENT B ‒ CONFLICT OF INTEREST DETERMINATION. TPA shall at all times comply with the terms of the Political Reform Act and the local Conflict of Interest Ordinance. The level of disclosure categories shall be set by the City and shall reasonably relate to the scope of the DESCRIBED SERVICES.
3.0 PAYMENT AND SCHEDULE OF SERVICES (ATTACHMENTS C AND D)
3.1 TPA is hired to render the DESCRIBED SERVICES and any payments made to TPA are full compensation for such services.
3.2 The amount of payment to TPA for providing the DESCRIBED SERVICES is set forth in ATTACHMENT C. No payment shall be allowed for any reimbursable expenses unless specifically described in ATTACHMENT C.
3.3 Payment for all undisputed portions of each invoice shall be made within 45 days from the date of the invoice.
3.4 The CITY’s review, approval or acceptance of, or payment for the services required under this AGREEMENT shall not be construed to operate as a release or waiver of any rights of the CITY under this AGREEMENT or of any cause of action arising out of TPA’s performance of this AGREEMENT, and TPA is responsible to the CITY for all damages to the CITY caused by the TPA’s performance of any of the DESCRIBED SERVICES.
4.0 CITY’S OBLIGATIONS
4.1 CITY shall provide information as to the requirements of the program, including budget limitations. The CITY shall provide or approve the schedule proposed by the TPA.
4.2 CITY shall furnish the required information and services and shall render approvals and decisions expeditiously to allow the orderly progress of the DESCRIBED SERVICES as shown on the schedule required under ATTACHMENT D.
4.3 The CITY’s Administrative Services Director shall serve as the CITY’s “CONTRACT OFFICER” for this AGREEMENT and has the authority to direct the TPA, approve actions, request changes, and approve additional services.
5.0 SUBCONTRACTING
5.1 The name, phone number, and location of the place of business of each subcontractor (hereinafter referred to as “SUBTPA”) that the TPA will use to perform work or render service to the TPA in performing this AGREEMENT is contained in ATTACHMENT E. No change to or addition of any SUBTPA shall be made without the written approval of the CITY.
Attachment 1
City of Coronado Page 123
4 5.2 If TPA subcontracts for any of the work to be performed under this AGREEMENT, TPA shall be as fully responsible to the CITY for the acts and omissions of TPA’s SUBTPAS and for the persons either directly or indirectly employed by the SUBTPAS, as TPA is for the acts and omissions of persons directly employed by TPA. Nothing contained in the AGREEMENT shall create any contractual relationship between any SUBTPA of TPA and the CITY. In any dispute between the TPA and its SUBTPA, the CITY shall not be made a party to any judicial or administrative proceeding to resolve the dispute. The TPA agrees to defend, hold harmless and indemnify the CITY as described in Section 13 of this AGREEMENT, should the CITY be made a party to any judicial or administrative proceeding to resolve any such dispute.
5.3 TPA shall bind every SUBTPA to all the terms of the AGREEMENT applicable to TPA’s work unless specifically noted to the contrary in the subcontract in question and approved in writing by the CONTRACT OFFICER. All contracts entered into between the TPA and its SUBTPA shall also provide that each SUBTPA shall obtain insurance policies which shall be kept in full force and effect during any and all work on this project and for the duration of this AGREEMENT. The TPA shall require the SUBTPA to obtain all policies described in Section 14 in the amounts required by the CITY, which shall not be greater than the amounts required of the TPA.
6.0 CHANGES TO THE SCOPE OF WORK
6.1 The TPA shall not perform work in excess of the DESCRIBED SERVICES without the prior written approval of the CONTRACT OFFICER. All requests for extra work shall be made by written request for a contract modification submitted to the CONTRACT OFFICER. To be effective, all contract modifications must be in writing and signed prior to the commencement of the work. Fees for additional work will be negotiated on a fixed-fee basis.
6.2 The CITY may unilaterally reduce the scope of work to be performed by the TPA. Upon doing so, CITY and TPA agree to meet in good faith and confer for the purpose of negotiating a deductive change order or amendment to the AGREEMENT.
7.0 ENTIRE AGREEMENT
7.1 This AGREEMENT and incorporated attachments set forth the entire understanding of the PARTIES with respect to the subject matters herein. If there are any inconsistencies between the incorporated attachments and this AGREEMENT, the terms of this AGREEMENT control. There are no other understandings, terms, or other agreements expressed or implied, oral or written, except as set forth herein. No change, alteration, or modification of the terms or conditions of this AGREEMENT, and no verbal understanding of the PARTIES, their officers, agents, or employees shall be valid unless agreed to in writing by both PARTIES.
8.0 TERMINATION OF AGREEMENT
8.1 In the event of TPA’s default of any covenant or condition hereof, including, but not limited to, failure to timely or diligently prosecute, deliver, or perform the DESCRIBED SERVICES, or where the TPA fails to perform the work in accordance with the project schedule (ATTACHMENT D), the CITY may immediately terminate this AGREEMENT for cause if TPA fails to cure the default within ten (10) calendar days of receiving written notice of the default. Thereupon, TPA shall immediately cease work and within five (5) working days: (1) assemble all documents owned by the CITY and in TPA’s possession, and deliver said documents to the CITY; and (2) place all Attachment 1
City of Coronado Page 124
5 work in progress in a safe and protected condition. The CONTRACT OFFICER shall make a determination of the percentage of work that TPA has performed that is usable and of worth to the CITY. Based upon that finding, the CONTRACT OFFICER shall determine any final payment due to TPA.
8.2 This AGREEMENT may be terminated by the CITY, without cause, upon the giving of fifteen (15) days’ written notice to the TPA. Prior to the fifteenth (15th) day following the giving of the notice, the TPA shall assemble the completed work product to date, and put the same in order for proper filing and closing, and deliver said product to the CITY. The TPA shall be entitled to just and equitable compensation for any satisfactory work completed. The CONTRACT OFFICER and TPA shall endeavor to agree upon a percentage complete of the contracted work if fees are fixed, or an agreed dollar sum based on services performed if hourly, and terms of payment for services and reimbursable expenses. TPA hereby expressly waives any and all claims for damages or compensation arising under this AGREEMENT except as set forth herein.
9.0 OWNERSHIP OF DOCUMENTS
9.1 All work product (i.e., documents, data, studies, drawings, maps, models, photographs, reports, etc.) prepared by TPA under this AGREEMENT, whether paper or electronic, shall become the property of CITY for use with respect to this project, and shall be turned over to the CITY upon completion of the DESCRIBED SERVICES or any phase thereof, as contemplated by this AGREEMENT.
9.2. Contemporaneously with the transfer of such documents, the TPA hereby assigns to the CITY and TPA thereby expressly waives and disclaims, any copyright in, and the right to reproduce, all written material, drawings, plans, specifications, or other work prepared under this AGREEMENT, except upon the CITY’s prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The TPA shall, upon request of the CITY, execute any further agreement(s) necessary to further effectuate this waiver and disclaimer.
10.0 STATUS OF TPA
TPA shall perform the DESCRIBED SERVICES in a manner of TPA’s own choice, as an independent contractor and in pursuit of TPA’s independent calling, and not as an employee of the CITY. The TPA has and shall retain the right to exercise full control and supervision of all persons assisting the TPA in the performance of the DESCRIBED SERVICES, the CITY only being concerned with the finished results of the work being performed. TPA shall confer with the CITY at a mutually agreed frequency and inform the CITY of incremental work/progress as well as receive direction from the CITY. Neither TPA nor TPA’s employees shall be entitled in any manner to any employment benefits, including, but not limited to, employer-paid payroll taxes, Social Security, retirement benefits, health benefits, or any other benefits, as a result of this AGREEMENT. It is the intent of the parties that neither TPA nor its employees are to be considered employees of CITY, whether “common law” or otherwise, and TPA shall indemnify, defend and hold CITY harmless from any such obligations on the part of its officers, employees and agents.
Attachment 1
City of Coronado Page 125
6 11.0 ASSIGNMENT OF CONTRACT
11.1 This AGREEMENT and any portion thereof shall not be assigned or transferred, nor shall any of the TPA’s duties be delegated or subcontracted, without the express written consent of the CITY.
12.0 COVENANT AGAINST CONTINGENT FEES
12.1 TPA warrants that it has not employed or retained any company or person, other than a bona fide employee working for TPA, to solicit or secure this AGREEMENT, and that TPA has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this AGREEMENT. For breach or violation of this warranty, the CITY shall have the right to terminate this AGREEMENT without liability, or, at the CITY’s sole discretion, to deduct from the AGREEMENT the price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee.
13.0 INDEMNITY ‒ HOLD HARMLESS
13.1 To the fullest extent permitted by law, TPA, through its duly authorized representative, agrees that CITY and its respective elected and appointed boards, officials, officers, agents, employees, and volunteers (individually and collectively, “CITY Indemnitees”) shall have no liability to TPA or any other person, and TPA shall indemnify, protect, and hold harmless CITY Indemnitees from and against, any and all liabilities, claims, demands, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs, and expenses, including reasonable attorneys’ fees and disbursements (collectively “claims”) that arise out of, or pertain to, or relate to this AGREEMENT or the negligence, recklessness, or willful misconduct of TPA, its employees, agents, and SUBTPAS in the performance of the DESCRIBED SERVICES.
13.2 TPA’s obligation herein does not extend to liability for damages for death or bodily injury to persons, injury to property, or other loss, damage, or expense arising from the sole negligence, recklessness or willful misconduct of the CITY or its elected or appointed boards, officials, officers, agents, employees or volunteers.
13.3 TPA shall provide a defense (with counsel acceptable to CITY) to the CITY’s Indemnitees, or, at the CITY’s option, reimburse the CITY’s Indemnitees for all costs, attorneys’ fees, expenses, and liabilities (including judgment or portion thereof) incurred with respect to any litigation in which the TPA is obligated to indemnify, defend, and hold harmless the CITY’s Indemnitees pursuant to this AGREEMENT.
13.4 The provisions of this section 13 shall not be limited by any provision of insurance coverage that the TPA may have in effect, or may be required to obtain and maintain, during the term of this AGREEMENT. The provisions of this section 13 are continuing obligations and shall survive expiration or termination of this AGREEMENT.
13.7 PERS Eligibility Indemnification. In the event that any of TPA’s officers, employees, agents, subcontractors, representatives or other persons providing services on TPA’s behalf under this Agreement (collectively “TPA’s PERSONNEL”) claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be Attachment 1
City of Coronado Page 126
7 eligible for enrollment in PERS of the CITY, TPA shall indemnify, defend (with counsel acceptable to CITY), and hold harmless CITY for the payment of any employer and employee contributions for PERS benefits on behalf of TPA’s PERSONNEL as well as for payment of any penalties and interest on such contributions which would otherwise be the responsibility of the CITY.
Notwithstanding any other agency, state or federal policy, rule, regulation, law, or ordinance to the contrary, TPA’s PERSONNEL providing services under this AGREEMENT shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation and benefit including but not limited to eligibility to enroll in PERS as an employee of CITY and entitlement to any contributions to be paid by CITY for employer contributions and/or employee contributions for PERS benefits.
13.8 Limitation of CITY Liability. The payment made to TPA pursuant to this AGREEMENT shall be the full and complete compensation to which TPA and TPA’s PERSONNEL are entitled for performance of any work under this contract. Neither TPA nor TPA’s officers or employees are entitled to any salary or wages, or retirement, health, leave or other fringe benefits applicable to employees of the CITY. The CITY will not make any federal or state tax withholdings on behalf of TPA. The CITY shall not be required to pay any workers’ compensation insurance on behalf of TPA.
13.9 Indemnification for Employee Payments. TPA agrees to defend (with counsel acceptable to CITY), indemnify and hold harmless the CITY for and against any obligation, claim, suit, or demand for tax, retirement contribution, including any contribution to PERS, Social Security, salary, or wages, overtime payment, or workers’ compensation payment which the CITY may be required to make on behalf of TPA or TPA’s PERSONNEL for work done under this AGREEMENT.
14.0 INSURANCE
14.1 TPA shall procure and maintain for the duration of this AGREEMENT insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the DESCRIBED SERVICES and the results of that work by the TPA or its agents, representatives, employees or subcontractors. Insurance shall be placed with insurers with a current A. M. Best rating of no less than “A” and “VII” unless otherwise approved in writing by the CITY’s Risk Manager.
14.2 TPA shall obtain and, during the term of this AGREEMENT, shall maintain policies of professional liability (errors and omissions), automobile liability, and general liability insurance from an insurance company authorized to do business in the State of California in insurable amounts of not less than one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) aggregate. The insurance policies shall provide that the policies shall remain in full force during the life of the AGREEMENT, and, with the exception of the Professional Liability policy, shall not be canceled or not renewed without thirty (30) days prior written notice to the CITY from the insurance company. Statements that the carrier “will endeavor” and “failure to mail such notice shall impose no obligation or liability upon the company, its agents, or representatives,” will not be acceptable on insurance certificates. With respect to the Professional Liability policy, it shall be fully paid contemporaneous with the execution of this AGREEMENT and shall be non-cancellable except for nonpayment, and within 5 work days after annual policy renewals, TPA shall furnish the CITY with evidence that the Professional Liability policy has been renewed. Maintenance of specified insurance coverage is a material element of this AGREEMENT.
Attachment 1
City of Coronado Page 127
8 14.3 Types and Amounts Required. TPA shall maintain, at minimum, the following insurance coverage for the duration of this AGREEMENT:
14.3.1 Commercial General Liability (CGL). TPA shall maintain CGL Insurance written on an ISO Occurrence form or equivalent providing coverage at least as broad as CG 00 01 which shall cover liability arising from any and all personal injury or property damage, including ongoing and completed operations, in the amount of $3,000,000 per occurrence and subject to an annual aggregate of $5,000,000. If limits apply separately to this project (CG 25 03 or 25 04) the general aggregate limit shall not apply. There shall be no endorsement or modification of the CGL limiting the scope of coverage for either insured vs. insured claims or contractual liability. If the TPA or subcontractor maintains higher limits than the limits shown above, the CITY shall be entitled to coverage for the higher limits maintained by the TPA and/or their subcontractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY. Any excess or umbrella policies being used to meet the required limits of insurance will be evaluated separately and must meet the same qualifications as the TPA’s primary policy.
14.3.2 Commercial Automobile Liability. TPA shall maintain Commercial Automobile Liability Insurance for all of the TPA’s automobiles, including owned, hired, and nonowned automobiles, written on an ISO form CA 00 01 12 90 or a later version of this form or an equivalent form providing coverage at least as broad for bodily injury and property damage for a combined single limit of no less than $1,000,000 per occurrence. Insurance certificate shall reflect coverage for any automobile (any auto).
14.3.3 Workers’ Compensation. TPA shall maintain Workers’ Compensation insurance for all of the TPA’s employees who are subject to this AGREEMENT and to the extent required by applicable state or federal law, a Workers’ Compensation policy providing at minimum $1,000,000 employers’ liability coverage. The TPA shall provide an endorsement that the insurer waives the right of subrogation against the CITY and its respective elected officials, officers, employees, agents and representatives.
14.3.4 Professional Liability. TPA shall maintain Professional Liability (errors and omissions) coverage with a limit of no less than $2,000,000 per claim and $4,000,000 annual aggregate. The policy shall be on a claims made and in the aggregate basis. The TPA shall ensure both that: (1) the policy retroactive date is on or before the date of commencement of the DESCRIBED SERVICES; and (2) the policy will be maintained in force for a period of three years after substantial completion of the DESCRIBED SERVICES or termination of this AGREEMENT, whichever occurs last. The TPA agrees that for the time period defined above, there will be no changes or endorsements to the policy that increase the CITY’s exposure to loss. If TPA maintains higher limits than the limits shown above, the CITY shall be entitled to coverage for the higher limits maintained by the TPA. Any available proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY.
14.3.5 Cyber Liability Insurance. TPA shall maintain Cyber Liability Insurance with limits not less than $4,000,000 per occurrence or claim, $4,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations as are undertaken by us Attachment 1
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9 in this AGREEMENT and shall include claims involving invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to such obligations.
14.4 The CITY, its officers, officials, employees, and representatives shall be named as additional insureds on the required general liability, and automobile liability policies with respect to liability arising out of work or operations performed by or on behalf of the TPA including materials, parts, or equipment furnished in connection with such work or operations. The CITY's additional insured status must be reflected on additional insured endorsement form (20 10 1185 or 20 10 1001 and 20 37 1001) which shall be submitted to the CITY. All policies, except for the Professional Liability and Cyber Liability policies, shall contain a provision stating that the TPA’s policies are primary insurance and that insurance (including self-retention) of the CITY or any named insured shall not be called upon to contribute to any loss, as reflected in an endorsement at least as broad as CG 20 01 04 13 which shall be submitted to the CITY. This provision shall apply regardless of any language of the general liability, and automobile liability policy maintained by the TPA during the term of this AGREEMENT.
14.5 Before TPA shall employ any person or persons in the performance of the AGREEMENT, TPA shall procure a policy of Workers’ Compensation insurance as required by the Labor Code of the State of California, or shall obtain a certificate of self-insurance from the Department of Industrial Relations.
14.6 TPA shall furnish certificates of said insurance and policy endorsements to the CONTRACT OFFICER prior to commencement of work under this AGREEMENT. Failure by the CONTRACT OFFICER to object to the contents of the certificate and/or policy endorsement or the absence of same shall not be deemed a waiver of any and all rights held by the CITY. Failure on the part of TPA to procure or maintain in full force the required insurance shall constitute a material breach of contract under which the CITY may exercise any rights it has in law or equity including, but not limited to, terminating this AGREEMENT pursuant to Paragraph 8.1 above.
The CITY reserves the right to review the insurance requirements of this section during the effective period of the AGREEMENT and to modify insurance coverages and their limits when deemed necessary and prudent by City’s Administrative Services Director based upon economic conditions, recommendation of professional insurance advisors, changes in statutory law, court decisions, or other relevant factors. The TPA agrees to make any reasonable request for the deletion, revision, or modification of particular insurance policy terms, conditions, limitations, or exclusions (except where those policy provisions are established by law, or are established by regulations that are binding upon either party to the contract, or are binding upon the underwriter to the contract). Upon request by CITY, TPA shall exercise reasonable efforts to accomplish such changes in policy coverages and shall pay the cost thereof.
14.7 Any deductibles or self-insured retentions must be declared to and approved by the CITY.
At the CITY’s option, the TPA shall demonstrate financial capability for payment of such deductibles or self-insured retentions.
14.8 Except with regard to the Professional Liability policy, TPA hereby grants to CITY a Attachment 1
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10 waiver of any right to subrogation that any insurer of said TPA may acquire against the CITY by virtue of the payment of any loss under such insurance. This provision applies regardless of whether or not the CITY has requested or received a waiver of subrogation endorsement from the insurer.
15.0 DISPUTES
15.1 If a dispute should arise regarding the performance of this AGREEMENT, the following procedures shall be used to address the dispute:
a. If the dispute is not resolved informally, then, within five (5) working days thereafter, the TPA shall prepare a written position statement containing the party’s full position and a recommended method of resolution and shall deliver the position statement to the CONTRACT OFFICER.
b. Within ten working (10) days of receipt of the position statement, the CONTRACT OFFICER shall prepare a response statement containing the CITY’s full position and a recommended method of resolution and shall deliver the response statement to the TPA. c. After the exchange of statements, if the dispute is not resolved within ten working (10) days, the TPA and the CONTRACT OFFICER shall deliver the statements to the City Manager who shall make a determination within ten working (10) days.
15.2 If the dispute remains unresolved for ten working (10) days following the City Manager’s determination, and the parties have exhausted the procedures of this section, the parties may then seek resolution by mediation or such other remedies available to them by law or in equity.
16.0 GENERAL PROVISIONS
16.1 Accounting Records. TPA shall keep records of the direct reimbursable expenses pertaining to the DESCRIBED SERVICES and the records of all accounts between the TPA and SUBTPAS. TPA shall keep such records on a generally recognized accounting basis. At any time during normal business hours, and as often as CITY may deem necessary, the TPA shall make available to the CONTRACT OFFICER, or the CONTRACT OFFICER’s authorized representative, for examination, all of its records with respect to all matters covered by this AGREEMENT and shall permit CITY to audit, examine, and/or reproduce such records. TPA shall retain such financial and program service records for a period of four (4) years from the completion of the work or after termination or final payment under this AGREEMENT, whichever is later.
16.2 CONTRACT OFFICER. The CITY’s designated CONTRACT OFFICER has the authority to direct the TPA, approve actions, request changes, and approve additional services within her/his authority. Any obligation of the CITY under this AGREEMENT shall be the responsibility of the CONTRACT OFFICER. Excepting the provisions pertaining to dispute resolution, no other person shall have any authority under this AGREEMENT unless specifically delegated in writing.
16.3 Governing Law. This AGREEMENT and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this AGREEMENT shall be held exclusively in a State court in the County of San Diego. TPA hereby waives the right to Attachment 1
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11 remove any action from San Diego County as is otherwise permitted by California Code of Civil Procedure Section 394.
16.4 Compliance with Laws/Business Certificate. TPA and its SUBTPAS are required to comply with all applicable federal, state and local laws, rules, regulations, orders, policies, protocols and guidance, including, but not limited to, obtaining and maintaining a City Business Certificate during the duration of this AGREEMENT and complying with COVID-19 sanitation protocols, health orders and guidance.
16.5. Drafting Ambiguities. The Parties agree that they are aware that they have the right to be advised by counsel with respect to the negotiations, terms and conditions of this AGREEMENT, and the decision of whether or not to seek advice of counsel with respect to this AGREEMENT is a decision which is the sole responsibility of each Party. This AGREEMENT shall not be construed in favor of or against either Party by reason of the extent to which each Party participated in the drafting of the AGREEMENT.
16.6. Conflicts between Terms. If an apparent conflict or inconsistency exists between the main body of this AGREEMENT and the Attachments, the main body of this AGREEMENT shall control. If a conflict exists between an applicable federal, state, or local law, rule, regulation, order, or code and this AGREEMENT, the law, rule, regulation, order, or code shall control. Varying degrees of stringency among the main body of this AGREEMENT, the Attachments, and laws, rules, regulations, orders, or codes are not deemed conflicts, and the most stringent requirement shall control. Each Party shall notify the other immediately upon the identification of any apparent conflict or inconsistency concerning this AGREEMENT.
16.7 Non-Discrimination. TPA shall not discriminate against any employee or applicant for employment because of sex, race, color, age, religion, ancestry, national origin, disability, military or veteran status, medical condition, genetic information, gender expression, marital status, or sexual orientation. TPA shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their sex, race, color, age, religion, ancestry, national origin, disability, military or veteran status, medical condition, genetic information, gender expression, marital status, or sexual orientation and shall make reasonable accommodation to qualified individuals with disabilities or medical conditions. Such action shall include, but not be limited to the following: employment, upgrading, demotion, transfer, recruitment, or recruitment advertising, layoff or termination, rates of pay, or other forms of compensation, and selection for training, including apprenticeship. TPA agrees to post in conspicuous places available to employees and applicants for employment any notices provided by CITY setting forth the provisions of this nondiscrimination clause.
16.8 Responsibility for Equipment. [Reserved]
17.0 NOTICES
17.1 Any notices to be given under this AGREEMENT, or otherwise, shall be served by certified mail. For the purposes hereof, unless otherwise provided in writing by the parties hereto:
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12 a. The address of the CITY, and the proper person to receive any notice on the CITY’s behalf, is:
City of Coronado
Administrative Services Department
1825 Strand Way
Coronado, CA 92118
Attn.: John Kim, Department Director
Tel. No. (619) 522-7309; Fax (619)-573-9879
b. The address of the TPA, and the proper person to receive any notice on the TPA’s behalf, is:
Keenan & Associates
Attn: Jessica Blushi, Vice President Property & Casualty 2355 Crenshaw Blvd. Suite 200
Torrance CA 90501
310-212-0363 ext.2329
18.0 PROFESSIONAL TPA’S CERTIFICATION OF AWARENESS OF
IMMIGRATION REFORM AND CONTROL ACT OF 1986
18.1 TPA certifies that TPA is aware of the requirements of the Immigration Reform and Control Act of 1986 (8 U.S.C. §§ 1101-1525) and has complied and will comply with these requirements, including, but not limited to, verifying the eligibility for employment of TPA and all its agents, employees, representatives and SUBTPAS, and any other person performing any of the DESCRIBED SERVICES.
19.0 CONFIDENTIALITY AND SECURITY
19.1 Confidential Work Product. All professional services performed by TPA, including but not limited to all drafts, data, correspondence, proposals, reports, research and estimates compiled or composed by TPA, pursuant to this AGREEMENT, are for the sole use of the CITY, its agents and employees. Neither the documents nor their contents shall be released to any third party without the prior written consent of the CITY. This provision does not apply to information that (a) was publicly known, or otherwise known to TPA, at the time that it was disclosed to TPA by the CITY, (b) subsequently becomes publicly known through no act or omission of TPA or (c) otherwise becomes known to TPA other than through disclosure by the CITY. Except for any subcontractors that may be allowed upon prior agreement, neither the documents nor their contents shall be released to any third party without the prior written consent of the CITY. The sole purpose of this section is to prevent disclosure of CITY’s confidential and proprietary information by TPA or subcontractors.
19.2 Confidentiality. Both parties recognize that their respective employees and agents, in the course of performance of this AGREEMENT, may be exposed to confidential information and that disclosure of such information could violate the rights of private individuals and entities, including the parties and third parties. Confidential information is nonpublic information that a reasonable person would believe to be confidential and includes, without limitation, personal identifying Attachment 1
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13 information (e.g., social security numbers) and trade secrets, each as defined by applicable state law, and all other information protected by applicable law (“Confidential Information”). The party receiving Confidential Information (“Receiving Party”) of the other (“Disclosing Party”) shall not, and shall cause its employees and agents who are authorized to receive Confidential Information, not to, use Confidential Information for any purpose except as necessary to implement, perform or enforce this AGREEMENT or comply with its legal obligations. Receiving Party will use the same reasonable efforts to protect the Confidential Information of Disclosing Party as it uses to protect its own proprietary information and data. The Receiving Party will not disclose or release Confidential Information to any third person without the prior written consent of the Disclosing Party, except as necessary to implement, perform, service, or enforce this AGREEMENT, or where required by law or for authorized employees or agents of the Receiving Party. Prior to disclosing the Confidential Information to its authorized employees or agents, Receiving Party shall inform them of the confidential nature of the Confidential Information and require them to abide by the terms of this AGREEMENT. Receiving Party will promptly notify Disclosing Party if Receiving Party discovers any improper use or disclosure of Confidential Information and will promptly commence all reasonable efforts to investigate and correct the causes of such improper use or disclosure. If Receiving Party believes the Confidential Information must be disclosed under applicable law, Receiving Party may do so provided that, to the extent permitted by law, the other party is given a reasonable notice and opportunity to contest such disclosure or obtain a protective order. Confidential Information does not include information that: (i) is or becomes known to the public without fault or breach of the Receiving Party; (ii) the Disclosing Party regularly discloses to third parties without restriction on disclosure; or (iii) the Receiving Party obtains from a third party without restriction on disclosure and without breach of a non-disclosure obligation.
Confidential Information does not include any information that is required to be provided to the public pursuant to the laws of the United States and/or California such as the California Public Records Act, due to the nature of CITY being a local governmental agency. The non-disclosure and non-use obligations of this AGREEMENT will remain in full force with respect to each item of Confidential Information for a period of ten (10) years after the Receiving Party’s receipt of that item.
19.3 Security.
19.3.1 Implementation. TPA shall implement commercially reasonable administrative, technical and physical safeguards designed to: (i) ensure the security and confidentiality of data and information provided by the CITY or used in connection with providing services under this AGREEMENT, including data or information about third parties (“CITY’S Data”); (ii) protect against any anticipated threats or hazards to the security or integrity of CITY’S Data; and (iii) protect against unauthorized access to or use of CITY’S Data. TPA shall review and test such safeguards on no less than an annual basis.
19.3.2 Network. If TPA makes CITY’S Data accessible through the Internet or other networked environment, TPA shall be solely responsible for all aspects of Internet use, and shall maintain, in connection with the operation or use of CITY’S Data, adequate technical and procedural access controls and system security requirements and devices, necessary for data privacy, confidentiality, integrity, authorization, authentication and nonrepudiation and virus detection and eradication.
19.3.3 Personal Data. If TPA processes or otherwise has access to any personal data or personal information on CITY’s behalf when performing TPA’s services and obligations Attachment 1
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14 under this AGREEMENT, then: (i) CITY shall be the data controller (where “data controller” means an entity which alone or jointly with others determines purposes for which and the manner in which any personal data are, or are to be, processed) and TPA shall be a data processor (where “data processor” means an entity which processes the data only on behalf of the data controller and not for any purposes of its own); (ii) CITY shall ensure that it has obtained all necessary consents and it is entitled to transfer the relevant personal data or personal information to TPA so that TPA may lawfully use, process and transfer the personal data and personal information in accordance with this AGREEMENT on CITY’s behalf in order for TPA to provide the services and perform its other obligations under this AGREEMENT; (iii) TPA shall process the personal data and personal information only in accordance with any lawful and reasonable instructions given by CITY from time to time and in accordance with the terms of this AGREEMENT; and (iv) each party shall take appropriate technical and organizational measures against unauthorized or unlawful processing of the personal data and personal information or its accidental loss, destruction or damage so that, having regard to the state of technological development and the cost of implementing any measures, the measures taken ensure a level of security appropriate to the harm that might result from such unauthorized or unlawful processing or accidental loss, destruction or damage in relation to the personal data and personal information and the nature of the personal data and personal information being protected.
If necessary, the parties will cooperate to document these measures taken.
19.3.4 Information Security. TPA represents and warrants that its collection, access, use, storage, disposal and disclosure of Confidential Information accessed and/or collected from CITY does and will comply with all applicable federal and state privacy and data protection laws. In the event of any security breach, TPA shall: (a) Provide CITY with the name and contact information for an employee who shall serve as CITY’s primary security contact, and between and amongst this primary security contact and this contact’s team, shall be available to assist CITY twenty-four (24) hours per day, seven (7) days per week as a contact in resolving obligations associated with a security breach; and (b) Notify CITY of a security breach as soon as practicable, but no later than twenty-four (24) hours after TPA becomes aware of it. Immediately following TPA’s notification to CITY of a security breach, the parties shall coordinate with each other to investigate the security breach. TPA agrees to fully cooperate with CITY in CITY’s handling of the matter. TPA shall use best efforts to immediately remedy any security breach and prevent any further security breach at TPA’s own expense in accordance with applicable privacy rights, laws, regulations and standards. TPA agrees to provide, at its expense, up to one year of credit monitoring services to third parties impacted by any data breach involving the loss of personally identifiable information.
19.4 Indemnity. TPA shall defend (with counsel acceptable to CITY), indemnify and hold CITY harmless from and against all claims, actions, proceedings, losses, costs (including attorney fees and other charges), liabilities, damages, judgments, settlements, and court awarded attorney’s fees resulting from, arising out of or related to a security or data breach unless the breach is proven to be caused solely by CITY. The terms of this section shall survive termination of this AGREEMENT. For purposes of this provision, “security breach” means any act or omission that compromises either the security, confidentiality, or integrity of Confidential Information or the physical, technical, administrative or organizational safeguards put in place by CONSULTANT or any authorized persons that relate to the protection of the security, confidentiality or integrity of Confidential Information or a breach or alleged breach of this AGREEMENT relating to such Attachment 1
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15 privacy practices or privacy obligations imposed by any applicable law. These indemnity obligations shall survive the termination or expiration of this AGREEMENT.
19.5 Notice and Remedy of Breaches. Each party shall promptly give notice to the other of any actual or suspected breach by it of any of the provisions of Section 8 of this AGREEMENT, whether or not intentional, and the breaching party shall, at its expense, take all steps reasonably requested by the other party to prevent or remedy the breach.
19.6 Enforcement. Each party acknowledges that any breach of any of the provisions of Section 19 of this AGREEMENT may result in irreparable injury to the other for which money damages would not adequately compensate. If there is a breach, then the injured party shall be entitled, in addition to all other rights and remedies which it may have, to have a decree of specific performance or an injunction issued by any competent court, requiring the breach to be cured or enjoining all persons involved from continuing the breach.
20.0 ADDITIONAL PROVISIONS
20.1 Consequential Damages. Neither Party shall be liable to the other for consequential damages, including, without limitation, loss of use or loss of profits, incurred by one another or their subsidiaries or successors, regardless of whether such damages are caused by breach of contract, willful misconduct, negligent act or omission, or other wrongful act of either of them.
20.2 Responsibility for Others. TPA shall be responsible to the CITY for its services and the services of its SUBTPAS. TPA shall not be responsible for the acts or omissions of any other persons engaged by the CITY nor for their construction means, methods, techniques, sequences, or procedures, or their health and safety precautions and programs.
20.3 Representation. The TPA is not authorized to represent the CITY, to act as the CITY’s agent, or to bind the CITY to any contractual agreements whatsoever.
20.4 Third-Party Review of TPA’s Work Product (Peer Review). At the option of the CITY, a review of the TPA’s work product may be performed by an independent expert chosen by the CITY. In such case, the TPA agrees to confer and cooperate fully with the independent expert to allow a thorough review of the work product by the expert. Such review is intended to provide the CITY with a peer review of the concepts, all pre-design documentation, methods, professional recommendations, and other work product of the TPA. The results of this review will be furnished to the CITY and shall serve to assist the CITY in its review of the TPA’s deliverables under this AGREEMENT.
20.5 Periodic Reporting Requirements. The TPA shall provide a written status report of the progress of the work on a monthly basis that shall accompany the TPA’s payment invoice. The status report shall, at a minimum, report the work accomplished to date; describe any milestones accomplished; show and discuss the results on any testing or exploratory work; provide an update to the approved schedule (as set forth in ATTACHMENT D or, if no ATTACHMENT D, as approved by the CONTRACT OFFICER), and if not in accordance with the original schedule, describe how the TPA intends to get back on the original schedule; describe any problems or recommendations to increase the scope of the work; and provide any other information that may be requested by the CITY. The report is to be of a form and quality appropriate for submission to the City Council.
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16 20.6 Brand or Trade Names. [Reserved]
20.7 Rights Cumulative. All rights, options, and remedies of the CITY contained in this AGREEMENT shall be construed and held to be cumulative, and no one of the same shall be exclusive of any other, and the CITY shall have the right to pursue any one of all of such remedies or any other remedy or relief that may be provided by law or in equity, whether or not stated in this AGREEMENT.
20.8 Waiver. No waiver by either Party of a breach by the other Party of any of the terms, covenants, or conditions of this AGREEMENT shall be construed or held to be a waiver of any succeeding or preceding breach of the same or any other term, covenant, or condition herein contained. No waiver of any default of either Party hereunder shall be implied from any omission by the other Party to take any action on account of such default if such default persists or is repeated, and no express waiver shall affect a default other than as specified expressly in said waiver.
20.9 Severability. In the event that any part of this AGREEMENT is found to be illegal or unenforceable under the law as it is now or hereafter in effect, either Party will be excused from performance of such portion or portions of this AGREEMENT that is found to be illegal or unenforceable without affecting the remaining provisions of this AGREEMENT.
20.10 Attachments Incorporated. All ATTACHMENTS referenced in this AGREEMENT are incorporated into the AGREEMENT by this reference.
THE REMAINDER OF THIS PAGE LEFT BLANK.
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17 21. SIGNATURES
21.1 Each signatory and Party hereto hereby warrants and represents to the other Party that it has legal authority and capacity and direction from its principal to enter into this AGREEMENT, and that all resolutions or other actions have been taken so as to enable it to enter into this AGREEMENT.
CITY: TPA:
By:
Tina Friend, City Manager
By:
Tara Schilling, President, Claims
Operations
Date: Date:
By:
David Seres, Chief Operating Officer
Date:
APPROVED AS TO CONTENT:
John Kim, Director Date
APPROVAL AS TO FORM:
Johanna N. Canlas, City Attorney Date
ATTEST:
Kelsea Holian, City Clerk Date
ATTACHMENT A ‒ SCOPE OF WORK
ATTACHMENT B ‒ TPA CONFLICT OF INTEREST DETERMINATION
ATTACHMENT C ‒ PAYMENT FOR SERVICES
ATTACHMENT D ‒ SCHEDULE OF SERVICES
ATTACHMENT E ‒ LISTING OF SUBTPAS
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18 ATTACHMENT A
WORKERS’ COMPENSATION THIRD-PARTY CLAIMS ADMINISTRATION
SERVICES
Contract No. 23-PS-AD-1206
SCOPE OF WORK
TPA shall provide the CITY with the following professional services for the PROGRAM (collectively, the “DESCRIBED SERVICES”):
1. Comprehensive third-party Workers’ Compensation claims administration for the City’s self-insured workers’ compensation program.
2. The City of Coronado is a member of the Local Agency Workers' Compensation Excess (LAWCX) Joint Powers Authority. LAWCX claims administration standards, reporting and reimbursement procedures as well as their respective performance standards (“LAWCX Standards”) make up the minimum requirements and level of service to be provided by the TPA in delivering claims adjusting services and related activities to the City. LAWCX Standards shall be followed. If the City changes excess Workers’ Compensation carriers, the TPA shall follow claims administration standards/reporting/reimbursement procedures of the new excess carrier.
In addition, the City requires the following:
3. Claim Files
The TPA will prepare an individual claim file based on LAWCX Standards. The claim file shall be available to the City representatives, claims auditors and agents for inspection, and contain all medical and factual information on each claim reported.
4. Customer Service
The City requires that the TPA provide exceptional customer service to all injured workers.
TPA shall reply to all inquiries made by injured workers in a timely, accurate and professional manner. The TPA shall document and respond to all complaints received from injured workers and/or Human Resources and bring about resolution of such within in two (2) business days.
5. Employer Contact
TPA shall follow-up with the City on all new injuries/illness within two (2) business days to initiate an initial and meaningful investigation, if required. All contacts shall be documented within the claim notes.
The TPA, at the discretion of the City, will provide on-site or virtual claim file reviews on a quarterly and annual basis. Other periodic on-site or virtual claim file reviews will be scheduled based upon the needs of the City. The TPA is expected to send claims staff and supervisory personnel to attend claim file reviews at no charge to the City.
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19 Returned phone calls and email to the City will be accomplished no later than one (1) business day. Same day is desired.
The TPA shall notify the City immediately upon notice of an injured worker’s hospitalization as a result of the work injury regardless of the date of injury.
6. Medical Reports
TPA agrees to provide un-redacted medical reports as requested by the City to enable the City to determine limitations, restrictions or permanent work restrictions. The City will handle medical reports in compliance with California Medical Confidentiality laws and/or HIPAA regulations.
7. Medical Provider Network
The City currently has a Medical Provider Network (MPN). The TPA shall provide MPN Management Services which may include but are not limited to the following:
An MPN, which meets the State of California Laws and Regulations and the Workers’ Compensation Administrative Director requirements, per Labor Code 4616, and the needs of the City. The TPA is expected to maintain the MPN. Management of the MPN includes the dispute of medical treatment processes, as well as MPN correspondence regarding transfer of care as required.
Provide necessary documents to the injured employees so that the City can fulfill the requirements of notification to their employees.
In the event an MPN modification is filed, the TPA will submit, on behalf of the City, the plan to the Administrative Director. The TPA will also act as the Division Liaison to the Administrative Director to ensure compliance with the modification plan approval process.
The TPA will provide an updated MPN listing to the City upon such update.
The TPA and City will meet annually to review MPN program.
8. Return-To-Work
The TPA shall provide assistance to the City in administering a Stay at Work/Return-toWork program that is appropriate for injured employees while recovering and prior to their return to regular duties.
9. Litigated Cases
The City is responsible for approving a designated panel of attorneys to handle litigated workers’ compensation matters. The TPA shall notify the City of all litigation and prior to the assignment of defense counsel. The TPA shall provide the City with copies of all legal correspondence and must invite City representative(s) to attend WCAB hearings.
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20 10. The City, based on its internal criteria, must pre-approve all settlements or structured settlements prior to entering into any settlement discussions with claimants or applicant attorneys. The City may establish a settlement process that must be adhered to. The settlement process may be a written process and if so, must be started well in advance of anticipated Mandatory Settlement Conferences or trials. The City retains the right to assign potential claims to a structured settlement broker.
11. Fraudulent Claims
The City shall be notified of all claims involving potential fraud and must authorize the TPA to initiate fraud investigation activities when such activities are determined necessary.
12. Claims and Medical Reporting
The TPA will provide monthly statistical data/reports – content to be established between the TPA and the City. The TPA will provide other special reports required of the City including, but not limited to, loss trend reports, claim abstract reports, reports required by actuaries, excess insurance carriers, bill review fees, etc., provided that such reports do not require data elements that have not previously been collected by the TPA. If new programming is required in order to provide such reports, the TPA shall pay at its own expense for new or special programming costs.
The TPA on behalf of the City, shall prepare and file all reports, forms and other documents in a timely manner which are now or will be required by the State of California or other governmental agencies relating to workers’ compensation claims, medical payments, etc., including but not limited to the Self-Insurer’s Annual Report and Occupational Safety and Health Administration (OSHA) Injury and Illness recordkeeping forms 300, 301 and 301A.
TPA will present all reports to the City thirty (30) calendar days in advance of their due date.
The TPA will comply with the Centers for Medicare & Medicaid Services’ (CMS) mandatory reporting requirements per Section 111 of the Medicare, Medicaid and SCHIP Extension Act of 2007 (MMSEA). The TPA will act as the Reporting Agent for the City.
13. Records Retention
All claim files shall be maintained in accordance with statutory time requirements and the respective City Record Retention Policy. The City shall be notified prior to any destruction of files to determine if the City wishes to retain the claim file.
14. Availability of Personnel
The TPA shall provide the same claims adjusters to handle all City claims. If possible, adjusters shall be solely dedicated to the City’s account and shall not work on another account unless authorized in advance by the City. An assigned adjuster must have at least three (3) to five (5) years of California workers’ compensation claims experience, have experience with complex City claims (including Labor Code 4850) and must be state certified to administer self-insured workers’ compensation claims. If the adjuster is not certified upon hire, they must become certified within six (6) months.
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City of Coronado Page 140
21 The City must approve any change of an adjuster working on the City account. The City has the right to request a change of adjuster and be involved in the selection and/or replacement of an adjuster. The City will not interfere with any progressive discipline and/or personnel issues that may warrant a change of adjusters. When the adjuster is off on an extended leave, the City must be notified of who will cover the workload.
The TPA shall maintain at all times, one (1) or more of the adjusters assigned to City claims, or in their absence, the supervisor or management above the supervisory level, to be available by telephone for emergencies through a 24-hour emergency telephone number.
15. Employer Services
The City requires coordination between the TPA and the Human Resources personnel who oversee such programs as subrogation, return-to-work, Americans with Disabilities Act and CalPERS retirements. The TPA will be required to provide un-redacted medical documentation and information as needed for the City to effectively manage these programs.
The TPA will provide an annual senior-level presentation to review/discuss the overall workers’ compensation program prior to December of each year.
During the first year of the contract, the TPA manager will meet at least quarterly with the City to review the transition and ensure all aspects of the contract are appropriately implemented. Thereafter, meet as mutually agreed between the TPA and the City, but no less than twice a year.
16. Contract Termination
In the event of termination of the contract, the TPA will furnish all claim files, computer files, and financial information at no cost to and at a location identified by the City. The TPA will be responsible for filing an interim annual Self-Insured Report and any other required State of California or Federal reports.
17. Conflict of Interest
The TPA shall avoid all conflicts of interest or appearance of conflicts of interest in performance of the agreement. If, during any given year, the TPA receives compensation, in any form, from any party for services included in the agreement, such as bill review services, managed care or investigations, the TPA shall disclose total compensation received in the prior year. Such disclosure shall be in the form of a letter mailed to the City’s Administrative Services Director and shall be received by the City no later than April 1 of each year.
18. Confidentially
All data, documents, or other information developed or received, verbally or in writing, in performance of the agreement between the TPA and the City are confidential and not to be disclosed to any person except as authorized by the City, the TPA or as required by law.
Attachment 1
City of Coronado Page 141
22 It is the TPA’s responsibility to develop and implement processes and procedures relating to the protection of the City’s electronic data, including a suitable security and back-up system for all stored data and a written policy with respect to disaster recovery, physical and electronic data security, and electronic data retention.
Attachment 1
City of Coronado Page 142
23 ATTACHMENT B
WORKERS’ COMPENSATION THIRD-PARTY CLAIMS ADMINISTRATION
SERVICES
Contract No. 23-PS-AD-1206
CONFLICT OF INTEREST DETERMINATION
TPA shall at all times comply with the terms of the Political Reform Act and the local conflict of interest ordinance. TPA shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the City in which the TPA has a financial interest as defined in Government Code Section 87103. TPA represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the City.
“TPA1
” means an individual who, pursuant to a contract with a state or local agency:
(A) Makes a governmental decision whether to:
1. Approve a rate, rule, or regulation;
2. Adopt or enforce a law;
3. Issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar authorization or entitlement;
4. Authorize the CITY to enter into, modify, or renew a contract, provided it is the type of contract that requires CITY approval;
5. Grant CITY approval of a contract that requires CITY approval and to which the CITY is a party, or to the specifications for such a contract;
6. Grant CITY approval of a plan, design, report, study, or similar item;
7. Adopt, or grant CITY approval of, policies, standards, or guidelines for the CITY, or for any subdivision thereof; or
(B) Serves in a staff capacity with the CITY and in that capacity participates in making a governmental decision as defined in Regulation 18704(a) and (b) or performs the same or substantially all the same duties for the CITY that would otherwise be performed by an individual holding a position specified in the CITY’s Conflict of Interest Code.
1 The City’s Conflict of Interest Code and the Political Reform Act refer to “TPAs,” not “contractors.” The City’s professional services agreements might refer to the hired professional as a “contractor,” not a “TPA,” in which case the Conflict of Interest Code may still apply. The Conflict of Interest Code, however, does not cover public works contractors.
Attachment 1
City of Coronado Page 143
24 DISCLOSURE DETERMINATION:
X 1. TPA/CONTRACTOR will not be “making a government decision” or “serving in a staff capacity” as defined in Sections A and B above. No disclosure required.
□ 2. TPA/CONTRACTOR will be “making a government decision” or “serving in a staff capacity” as defined in Sections A and B above. As a result, TPA/CONTRACTOR shall file, with the City Clerk of the City of Coronado in a timely manner as required by law, a Statement of Economic Interest (Form 700), as required by the City of Coronado Conflict of Interest Code, and the Fair Political Practices Commission, to meet the requirements of the Political Reform Act.*
Signature Date
Name John Kim Department Administrative Services
City Attorney Approval of Determination
City Manager Approval of Determination
*The TPA’s disclosure of investments, real property, income, loans, business positions, and gifts, shall be limited to those reasonably related to the project for which TPA has been hired by the CITY.
Attachment 1
City of Coronado Page 144
25 ATTACHMENT B-1
WORKERS’ COMPENSATION THIRD-PARTY CLAIMS ADMINISTRATION
SERVICES
Contract No. 23-PS-AD-1206
CONFLICT OF INTEREST SCOPE OF DISCLOSURE
(For use in preparing California Form 700)
Investments: “Investment” means a financial interest in any business entity engaged in the business of personal protective equipment, safety industry related industry and business.
Real Property: “Real property” interests are limited to real property in the City of Coronado, wherever located.
Sources of Income: “Sources of income” means income (including loans, business positions, and gifts) of the TPA in excess of $500 or more during the reporting period from sources that are business entities engaged in the business of Workers’ Compensation related business and industry.
Attachment 1
City of Coronado Page 145
26 ATTACHMENT C
WORKERS’ COMPENSATION THIRD-PARTY CLAIMS ADMINISTRATION
SERVICES
Contract No. 23-PS-AD-1206
PAYMENT FOR SERVICES
A. PAYMENT FOR SERVICES: Payments to the TPA for the DESCRIBED SERVICES shall be made in the form of quarterly payments due for the work performed per the Bundled Fee Schedule noted below. The original invoice shall be provided for any subcontracted services.
Normal processing time for payments is four (4) weeks.
Following are CONSULTANT’S Claims Administration fees for the City of Coronado, which are based on a bundled approach incorporating bill review, utilization review and case management through CONSULTANT’S PRIME program (See Attachment C-1).
BUNDLED FEE SCHEDULE
Should open indemnity claims increase by five percent (5%) or more, anytime during the term of the agreement, the CONSULTANT and the CITY agree to renegotiate in good faith, an additional increase of fee.
If the parties cannot mutually agree on a fee increase within thirty (30) days, this Agreement will terminate sixty (60) days after such thirty (30) days.
Service
Year 1
Year 2
Year 3
Year 4 (optional extension)
Year 5 (optional extension)
Annual Fee
$131,193
$135,129
$139,183
$143,358
$147,659
Attachment 1
City of Coronado Page 146
27 FEE / SERVICES COST MATRIX SUMMARY
Pricing Year 1 Year 2 Year 3
TPA Fees $131,193 $135,129 $139,183
Conversion Fee N/A N/A N/A
MMSEA Fee included in rate included in rate included in rate Services Included (Y/N)
Assumption of tail claims Y Y Y
License fee for computer information
system Y Y Y
Monthly Reports Y Y Y
Customization of Reports Y Y Y
File Reviews Y Y Y
OSIP Annual Report Y Y Y
Generation of Cal/OSHA reports Y Y Y
Completion of 1099's Y Y Y
DWC-1, posters, pamphlets Y Y Y
Development of special account
instructions/procedures Y Y Y
Index checking Y Y Y
Attendance at hearings Y Y Y
Storage of claims Y Y Y
Check printing Y Y Y
Banking fees Y Y Y
UR Stat approvals Y Y Y
Filing fees Y Y Y
Correspondence fees Y Y Y
Medical Provider Network
Annual Maintenance Fee See PRIME fee
MPN Update fees schedule attached
Other
Medical Bill Review (Medical Invoice
Audit)
Per bill See PRIME fee
In Patient Medical Fee Schedule (IMFS) schedule attached PPO Network - % of savings fee & Cap
Pharmacy
Attachment 1
City of Coronado Page 147
28 Pricing Year
1 Year
2 Year
3 U&C Savings See C-1 PRIME fee
Outpatient schedule attached
Negotiated
Medical EDI
Duplicates
Other
Nurse Case Management
Early Intervention/Triage See C-1 PRIME fee
Other schedule attached
Utilization Review
1st Level Peer Review See C-1 PRIME fee
Other schedule attached
Attachment 1
City of Coronado Page 148
29 Fee Schedule–Effective July 1, 2022
(Subject to change upon notice)
MANAGED CARE
Early Intervention Initial Assessment / Triage .............. $50 / Hour Telephonic Case Management (TCM)........................ $110 / Hour • PPO Channeling
• 4 PT Contact
• Initial Evaluation
• RTW Plan
• Medical Care Evaluation
• Written/Case Management Action Plan
Utilization Review ..................................................... $125 / Referral • Up to 8 items per referral
Physician Advisor ..................................................... $250 / Referral • Up to 8 items per referral
• Medical Necessity Determination
• Physician-to-Physician Contact
Specialty Physician Review ......................................... $395 / Hour • Specialty match required
• Appeals
STOP (Pharmacy Review) .......................................... $325 / Hour • Peer-to-Peer Contact by Physician
• Management of Opioid Use
• Written Treatment Plan / Recommendations
BILL REVIEW
Minimum Processing Fee of $13.00 per bill
Price bills to State Fee Schedules ...................... 14% of Savings PPO Network Access (Anthem) .......................... 25% of Savings • Retrospective Network Capture
• Preferred Vendor Pricing (Ancillary Services)
MPN Access ...................................................... $3.50 per MPN bill • Care Concierge™ Medical Access Assistant
• Physician Based Outcome Analytics
Pharmacy Benefit Management ........................... 20% of Savings • Additional $3.00 per prescription administrative fee
Negotiations ........................................................... 24% of Savings Complex Bill Review by Physician ....................... 24% of Savings eBill Access ......................................................... $1.20 per e-bill State Reporting Administrative Fee ...................... $1.35 per bill License No. 0451271 Innovative Solutions. Enduring Principles. 4888-4815-8300 v1 ev. 3/7/2022 Attachment 1
City of Coronado Page 149
30 4888-4815-8300 v1
4888-4815-8300 v1
4888-4815-8300 v1
4888-4815-8300 v1
4888-4815-8300 v1
4888-4815-8300 v1
4888-4815-8300 v1
4888-4815-8300 v1
4888-4815-8300 v1
4888-4815-8300 v1
4888-4815-8300 v1
Attachment 1
City of Coronado Page 150
31 P.O Box 4248
Torrance, CA 90501-3325
(310) 618-6858 Phone
(310) 212-0330 Fax
Regency specializes in investigations for municipalities, school districts, community colleges, and hospitals. Now, over thirty-years in business, we are experts in working with public agencies. We complete our assignments timely and efficiently. Our reports are of the highest quality. All investigations are completed at a very reasonable cost to the client. We have excellent references.
Our services include but are not limited to:
Workers’ Compensation Investigations:
AOE/COE Investigations
SIU Investigations/Prep & Packaging/C.D.I. Referral’s
Surveillance/Sub Rosa
Activity Checks
Subrogation
Photos & Diagrams When Necessary
Doctor/Clinic Investigations
Police Reports
Coroner Reports
Liability Investigations:
General Liability
Auto Liability
Products Liability
Discrimination
Sexual Harassment
Wrongful Termination
Photos and Diagrams When Necessary
Police Reports
Coroner Reports
Data Base Services:
Department of Motor Vehicles
Criminal and Civil Court Checks
Witness Locates/Skip Trace
Address update searches
SSN comprehensive searches
Background Searches
Public Records Checks
Asset Checks
Social Media Searches
Medical Canvas/Sweep
Photos and Diagrams When Necessary
Attachment 1
City of Coronado Page 151
32 P.O Box 4248
Torrance, CA 90501-3325
(310) 618-6858 Phone
(310) 212-0330 Fax
2021FEE SCHEDULE
PI22147
MUNICIPALITIES
WORKERS’ COMPENSATION & PROPERTY/LIABILITY
CATEGORY WC/LIABILITY
AOE/COE STATEMENTS: $90.00/Hour
SIU INVESTIGATIONS $95.00/Hour
SURVEILLANCE: $90.00/Hour
MILEAGE: $ .60/mile
PHOTOGRAPHS: $3.00/each
USB FLASH DRIVE/ALL: $25.00/each
STENO: $8.00/page
OFFICIAL REPORTS: Cost
DMV REPORT $25.00
SOCIAL MEDIA SEARCH $400.00
SOCIAL SECURITY $50.00
COMPREHINSIVE SEARCHES
MEDICAL CANVAS/SWEEP $325.00 Per Search
ALL OTHER DATA BASE Varies by Search SEARCHES
Attachment 1
City of Coronado Page 152
33 ATTACHMENT D
Contract No. 23-PS-AD-1206
SCHEDULE OF SERVICES
PROGRAM SCHEDULE – The Project Schedule shall be appended here.
TPA agrees to diligently pursue the work described.
Attachment 1
City of Coronado Page 153
34 ATTACHMENT E
WORKERS’ COMPENSATION THIRD-PARTY CLAIMS ADMINISTRATION
SERVICES
Contract No. 23-PS-AD-1206
LISTING OF SUB THIRD PARTY ADMINISTRATORS (SUBTPA)
Listed below are any and all SUBTPAS that the TPA plans to employ under this AGREEMENT.
Include DIR Contractor Registration Numbers where applicable. No change is allowed without the prior approval of the CONTRACT OFFICER.
SUBTPA SUBTPA
SUBTPA SUBTPA
SUBTPA SUBTPA
SUBTPA SUBTPA
Attachment 1
City of Coronado Page 154
CITY COUNCIL STAFF REPORT
July 18, 2023 8a
CONSIDERATION OF A ONE-LOT TENTATIVE PARCEL MAP TO ALLOW FOR CONDOMINIUM OWNERSHIP OF FOUR RESIDENTIAL UNITS AT 741-747 G AVENUE AND
DETERMINATION THAT THE PROJECT IS CATEGORICALLY EXEMPT UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT GUIDELINES SECTION 15332 RECOMMENDATION:
Staff recommends approval of the one-lot Tentative Parcel Map to allow for condominium ownership of four residential units at 741-747 G Avenue with the attached findings and conditions and determine that the project is categorically exempt under Class 32 of the California Environmental Quality Act Guidelines Section 15332 (In-Fill Development).
BACKGROUND:
The request is for City approval of a one-lot Tentative Parcel Map, per Coronado Municipal Code (“CMC”) Chapter 82.60 Minor Subdivisions, to allow for condominium ownership of four residential units.
The project site is located along the east side of G Avenue between Seventh Street and Eighth Street. The existing property has 50 feet of frontage along G Avenue, is 140 feet deep, and connects to an alley. The total lot size is 7,008 square feet. The property is surrounded by multi-family dwelling units in the R-3 Zone.
The zoning for the property is “R-3 Multiple-Family Residential Zone,” which allows 28 dwelling units per acre with a minimum lot size of 3,500 square feet. The 7,008 square foot property complies with the minimum lot size requirement.
The property’s General Plan Designation is Medium Density Residential, which allows up to 28 dwelling units per acre (i.e., R-3 Zone). The project complies, since a lot size of 7,008 square feet would yield four units.
On June 13, 2023, the Planning Commission voted unanimously (with one member absent and one member recused) to recommend the City Council approve the Tentative Parcel Map.
ANALYSIS:
CMC Section 82.60.020 makes the requirements and procedures applicable to tentative maps contained in CMC Chapter 82.50 for major subdivisions also applicable to tentative parcel maps for minor subdivisions. CMC Section 82.50.090(B) requires the Department of Community Development to “prepare a staff report to the Planning Commission containing recommendations regarding the proposed” Tentative Parcel Map. Pursuant to CMC Section 82.50.110(B), the Planning Commission is authorized to recommend to the City Council the approval, conditional approval, or denial of the Tentative Parcel Map. As City of Coronado Page 155
appropriate, the Planning Commission is to recommend the kind, nature and extent of improvements that should be constructed or installed. The recommendation is then presented to the City Council according to CMC Section 82.50.120(A). If the Tentative Parcel Map is approved, the Tentative Parcel Map will become final upon compliance with CMC Chapter 82.64 as a minor subdivision.
The 7,008 square-foot subject lot allows for a maximum of four residential units. A total of eight off-street parking spaces will be provided, two for each unit. The approval of this Tentative Parcel Map will permit the individual units to be sold separately as condominiums. The configuration of the existing lot will remain as-is with no changes proposed for the exterior lot lines.
The Tentative Parcel Map and proposed residential use is consistent with the General Plan and Zoning Ordinance, complies with the State Subdivision Map Act and the Coronado Subdivision Ordinance, and was reviewed by the Public Services and Engineering and Fire departments, whose proposed conditions are included in Attachment 1.
The State Subdivision Map Act and Coronado Subdivision Ordinance provide authority to local agencies to impose conditions on the approval of subdivisions. The subdivider can be required to dedicate land to public use, make public improvements, pay required fees, or other conditions as needed to mitigate any adverse impacts of the subdivision on the community, to provide governmental services to subdivision residents, and to implement the requirements of the local general plan. Required public improvements have been incorporated into the attached list of conditions and are consistent with requirements of other subdivision maps.
For additional details, please see the attachments. The full size proposed Tentative Parcel Map is available to review in the Community Development Department office.
FISCAL IMPACT:
None.
ALTERNATIVE:
The Council may elect to deny the Tentative Parcel Map application and make appropriate findings.
CALIFORNIA ENVIRONMENTAL QUALITY ACT:
CEQA Category Exemption Class 32, In-Fill Development Projects.
PUBLIC NOTICE:
Notice of this public hearing was mailed to all property owners within a 300-foot radius of the property and published in the Coronado Eagle & Journal on July 5, 2023.
ATTACHMENTS:
1. Resolution No. 2023-30
2. Tentative Parcel Map
3. June 13, 2023 Planning Commission Minutes
City of Coronado Page 156
4. Declaration of Mailing/Publishing and Public Notice
Submitted By: Community Development Department / Marisa Smith City of Coronado Page 157
Attachment 1
RESOLUTION NO. 2023-30
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CORONADO, CALIFORNIA APPROVING A ONE-LOT
TENTATIVE PARCEL MAP TO ALLOW FOR CONDOMINIUM
OWNERSHIP OF FOUR RESIDENTIAL UNITS FOR THE
PROPERTY ADDRESSED AS 741-747 G AVENUE,
CORONADO, CALIFORNIA
WHEREAS, the property owner, “741-743 G Avenue, LLC,” has, per the California Subdivision Map Act and the City of Coronado Subdivision Ordinance, requested City approval for a one-lot Tentative Parcel Map to allow for condominium ownership of four residential units at 741-747 G Avenue; and
WHEREAS, the Planning Commission of the City of Coronado did, pursuant to Section 66452.2 of the Government Code, hold a public hearing on the Tentative Parcel Map on June 13, 2023, and subsequently adopted a motion, with findings and conditions, recommending approval to the City Council; and
WHEREAS, the City Council of the City of Coronado did, pursuant to Section 66452.2 of the Government Code, hold a public hearing on said subdivision request on July 13, 2023, and said public hearing was duly noticed as required by law and all persons desiring to be heard were heard at said hearing.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Coronado that the proposed Tentative Parcel Map for 741-747 G Avenue be approved and that the approval be based upon the following findings:
1. The proposed map is consistent with the Coronado General Plan and Zoning Ordinance in that the proposed residential use and density of development are permitted under the General Plan and Zoning Ordinance requirements;
2. The design and improvement of the proposed subdivision are consistent with the Coronado General Plan and Zoning Ordinance in that the design provides sufficient lot area and street access for proper development, and that the existing and proposed Parcel will contain at least 7,008 square feet;
3. The site is physically suitable for the type of development in that the existing parcel of 7,008 square feet is capable of supporting a four-unit residential condominium complex in the R-3 Zone;
4. The site is physically suitable for the proposed density of development in that the number of units in the project is within the 28 dwelling units per acre standard specified in the Coronado Zoning Ordinance for the R-3 Zone;
5. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage, nor are they likely to substantially and avoidably injure fish or wildlife or their habitat and the project is categorically exempt from environmental review according to the California Environmental Quality Act (CEQA), in accordance with Section 15332 for In-Fill projects;
6. The design of the subdivision and the type of improvements are not likely to cause serious public health problems within the authority of the Health Officer;
7. The design of the subdivision and the type of improvements will not conflict with any easements acquired by the public at large and which are recorded or established by judgment of a court of competent jurisdiction;
City of Coronado Page 158
8. The Tentative Parcel Map meets all the requirements of the Subdivision Map Act and the Coronado Subdivision Ordinance and was reviewed by the Public Services, Engineering, and Fire departments whose proposed conditions are incorporated below.
BE IT FURTHER RESOLVED that the approval is subject to the following conditions:
Fire Department
1. Owner shall install a NFPA 13 compliant fire sprinkler and alarm system throughout the development in accordance with the National Fire Protection Association (NFPA) and California Fire Code Standards to the satisfaction of the City of Coronado Fire and Community Development departments;
2. Owner shall provide appropriate Fire Department personnel and vehicle access including access to any locked common areas. All gates or other structures or devices that could obstruct fire access roadways or otherwise hinder emergency operations are prohibited unless they meet standards approved by the Fire Department and receive specific plan approval. In addition, provide a Knox Box if there are secured common areas;
3. The location of any Fire Department connection and back flow prevention device (OS&Y valve) shall be approved by the Fire Department and preferably face “G” Avenue. The back flow shall not be blocked or hidden, and it shall be identified to the satisfaction of the City of Coronado Fire Department;
4. Owner shall provide adequate water flow for firefighting based upon the square footage of the buildings and if needed, Owner shall upgrade the fire hydrant within the adjacent public rightsof-way in accordance with the California Fire Code standard to the satisfaction of the City of Coronado Fire Department;
San Diego Gas & Electric (SDG&E)
5. Prior to recordation, the applicant shall work with SDG&E to ensure that the existing gas line can continue to serve all units. The applicant shall call Dig Alert before any ground disturbance. The SDG&E Service Order Team can be reached at 619-230-7800; California American Water
6. Because the project is required to install fire sprinklers, the project will be required to have backflow to the satisfaction of the California American Water authority;
7. The applicant shall provide and install individual water services/meters for each unit; Public Services & Engineering Department
8. Owner shall maintain a minimum of three feet of clearance between driveways located on public property and any property lines extended, intersection radius, and any obstructions located on public property, e.g., utility poles, fire hydrants, street trees, etc. The relocation of any of these items to obtain the needed clearances shall be the sole responsibility of the Owner, at the Owner’s cost, subject to the review and approval of the City’s Public Services and Engineering Department;
9. Any existing sewer laterals used for new development shall be videotaped, at Owner’s expense, for its entire length to the sewer main to assess its condition and suitability for continued use. The video shall be furnished to the City of Coronado Public Services and Engineering Department in DVD format and, based on its review, repairs or replacement of the sewer line may be required, at the direction of the City of Coronado. Each building requires a separate sewer service lateral connected to the sewer main and the reservation of easements may be required.
City of Coronado Page 159
10. Prior to demolition, any existing sewer laterals shall be capped and staked. Sewer laterals that are not used by the proposed development shall be removed by Owner from the City’s rights-of-way and capped within 24 inches of the sewer main under permit issued by the Public Services and Engineering Department;
11. Owner shall underground all existing and future utilities to this site. Individual lots require separate utility service and utility easements shall be provided between the alley and the street. (Concrete replacement to accommodate the undergrounding of utilities shall be a minimum of 30 inches wide for the length of the repair);
12. Owner shall research and identify the location of existing utilities on the site prior to grading or excavating the site and the Owner shall be responsible to remove any utility location “mark out” indicators or paint;
13. Owner shall install all utilities, which are not possible to underground, such as back flow valves and transformers, on private property and said utilities shall be permanently screened from public view, at the direction of the City of Coronado Community Development Department.
14. Owner shall remove and replace the alley adjoining the subject property (full width x length) - approximately 20 ft. x 50 ft.) in accordance with City standards and the San Diego Regional Standard Drawings, at the direction of the City Public Services and Engineering Department;
15. Owner shall remove and replace portions damaged during construction of adjacent public sidewalk (with “historic” pattern) and/or curb and gutter in accordance with City standards and the San Diego Regional Standards Drawings (SDRSD) and verify limits of removal at the direction of the City Public Services and Engineering Department. All repairs to public property shall be in accordance with City standards and the San Diego Regional Standard Drawings;
16. The adjacent public sidewalk and alley shall remain safe, smooth and free of all trip or travel hazards during construction. Owner shall repair any public paving damaged (e.g., sidewalk, curb, gutter, alley, street) during the course of this project at the direction of the City’s Public Services and Engineering Department. All repairs to public property shall be in accordance with City standards and the San Diego Regional Standard Drawings;
17. Owner shall have a California licensed land surveyor install survey monuments at all property corners with locations indicated on the final parcel map and any monuments disturbed during construction shall be replaced by a licensed land surveyor at Owner’s expense;
18. Owner shall assure that the storage of building materials, equipment, or containers (other than for refuse purposes) in the City right-of-way does not occur;
19. Owner shall apply for an encroachment permit from the Public Services and Engineering Department for any amenities proposed for the adjoining public rights-of-way and the Owner shall assume responsibility for costs associated with the construction and maintenance of said amenities;
20. Owner shall assure that all work performed outside of the private property lines shall conform to the San Diego Regional Standard Drawings and Coronado Special Construction Provisions and prior to construction, a right-of-way permit shall be obtained from the Public Services and Engineering Department;
21. Owner shall comply with the City of Coronado’s policy for proposed construction of subterranean garages/cellars dated June 2, 2005, as warranted by the improvement plan;
22. The City does not typically permit the discharge of groundwater or construction runoff into the storm drain system. Consequently, disposal of groundwater extracted from the site into the City sewer system, if warranted, requires approval and a permit from the City’s Public Services and Engineering Department. The applicant must pay the costs for this operation and make payments of a processing fee charged the City by San Diego’s Metropolitan Waste Water Department;
City of Coronado Page 160
23. Owner shall maintain on-street parking spaces, parking and traffic markings, and signage adjacent to the subject property except as required to be modified to provide vehicle ingress and egress to the property or for temporary activity during construction as permitted by the City’s Public Services and Engineering Department;
24. Owner shall submit for approval by the City of Coronado a Drainage and Grading Plan in their proposed building permit plans for the purposes of justifying any onsite grading, drainage and improvements;
25. In accordance with Chapter 60.12 of the Coronado Municipal Code, a wastewater capacity fee will be charged prior to building permit issuance for sewer service connections to the sanitary sewer system;
26. Two 24-inch box trees from the approved Street Tree List shall be required in the parkway/public right of way. Said tree shall have a minimum 2-inch diameter trunk (measured 4 feet 6 inches above the root crown), single trunk (no multi-trunks), minimum six-feet tall, and shall be kept in place with double stakes and ties. All street trees shall be protected with an expandable collar and no turf shall be permitted within 12 inches of the trunk. Each tree-well shall be filled with mulch a radius of two feet from the base of the tree. All street trees shall have an independent automatic irrigation system (separate valves from turf or other adjacent landscaping within the parkway) and be irrigated with a bubbler inside a breathing tube;
27. Owner shall install linear root barriers adjacent to all existing and newly planted shade trees on public or private property, which are within 10 feet of any public sidewalk, street or alley.
Said barriers shall be installed adjacent to the sidewalk and curb face to extend 8 feet to each side of center of the tree installed and not encircle the trees. The barrier shall be a minimum of 12” and a maximum of 18” in depth and shall be either hard plastic or fabric impregnated with a root inhibitor (bio-barrier);
28. Owner shall provide an automatic irrigation system to all existing and proposed adjoining public property landscaping with all street trees irrigated with bubblers from an independent automatic irrigation system (separate from turf or other landscaping within the parkway);
29. Owner shall provide an area on private property, accessible by all occupants, for the storage of trash and recyclable materials to the satisfaction of the City of Coronado;
30. During project planning and design, the Owner shall incorporate effective construction and post-construction Best Management Practices and provide all necessary studies and reports as determined by the Public Services and Engineering Department Director demonstrating compliance with the applicable regulations and standards. All project applicants shall complete and submit the City's Storm Water Project Assessment Form (Form I-1 & I-2) to determine the project's construction and post-construction storm water categories. The category determines the requirements for the project. The Storm Water Assessment Form is available at: https://www.coronado.ca.us/DocumentCenter/View/1366/I-1-and-I-2-ProjectAssessment-Form-DOCX and shall be completed and submitted to the City of Coronado with the initial submittal to the City's Building Department counter, attention Public Services & Engineering. The City may require the Owner to execute and record a stormwater maintenance agreement in a form approved by the City Attorney;
31. Prior to approval of any and all demolition, construction, and building permits for the project, Owner shall demonstrate to the satisfaction of the Public Services and Engineering Department Director compliance with all of the applicable provisions of the following and any amendments thereto:
a) The City of Coronado Stormwater and Urban Runoff Management and Discharge Control (Coronado Municipal Code Chapter 61.04).
b) NPDES Municipal Permit No. CAS0109266 (San Diego Regional Water Quality Control Board Order No. R9-2013-0001 or re-issuances thereof).
c) NPDES Construction Permit No. CAS000002 (State Water Resources Control Board Order No. R9-2012-0006 DWQ or re-issuances thereof).
City of Coronado Page 161
Community Development Department
33. Owner shall comply with all applicable laws;
34. Owner shall reserve 20% of the units within the development “for rental” to persons qualified by the County Housing Authority as meeting Section 8 Rental Assistance requirements or to persons qualifying within very low and low income categories as established annually by the U.S. Department of Housing and Urban Development (HUD), or “for sale” to persons qualifying within moderate income categories as established annually by the U.S. Department of Housing and Urban Development (HUD), or shall pay a fee in lieu thereof of $7,000.00 for every unit within the project, at the option of the subdivider, for the purpose of providing affordable housing assistance in accordance with Chapter 82.21 of the Coronado Municipal Code (CMC). Pursuant to CMC 82.21.040, if the calculation of the number of housing units to be reserved results in a fraction of a whole number, the developer shall reserve one housing unit;
35. Owner shall assure that any common areas and easements are identified and described on the Final Map;
36. Owner shall comply with and, if there are CC&Rs, include in said CC&Rs:
a) That no existing or future utility lines be permitted outside of the lot or private interest spaces (separate interest spaces or units) of which they serve unless located within a common area or an easement approved by the City of Coronado; b) That common area or reciprocal pedestrian easements be provided to allow all private occupants of the property access the street. Where fences or walls are proposed, gates shall be provided to give said occupants access to the street; c) Easements and/or rights providing for pedestrian and vehicle access, utilities and/or other purposes, for each proposed condominium unit, are to be specified in any condominium plans and/or conveyances of any unit constructed within the boundaries of this Final Map. Any vehicle access driveway and vehicle maneuvering/turnaround space adjacent to garages or parking spaces shall be shared by all owners; d) That two required off-street parking spaces be provided for each dwelling with each space specifically assigned to each dwelling unit and clearly marked for such dwelling or use;
e) That each off-street parking space required for all dwellings be continuously maintained free and unobstructed, with adequate ingress and egress, and not used for any use other than parking of motor vehicles;
f) That any present or future outside storage of trash be accessible by all occupants and be enclosed within a minimum 5-foot-high wall with gate which shall be on private property and approved by the City of Coronado Community Development Department; g) That each proposed dwelling unit held as a condominium form of ownership shall be provided with a minimum of 200 cubic feet of storage space per dwelling, in addition to closets customarily provided, in accordance with the Zoning Ordinance; h) That none of the covenants, conditions and restrictions required by this condition shall be deleted, amended or modified without the prior written approval of the City of Coronado;
37. Owner shall assure that no existing or future utility lines be permitted outside of the lot of which they serve unless located within an easement approved by the City of Coronado;
38. Owner shall assure that any easements be identified and described on the Final Map;
39. If the above conditions have not been completed and accepted in accordance with standards established by the City prior to approval of the Final Map, then the subdivider shall enter into a secured agreement with the City for 100% of the estimated cost of constructing the improvements and performing the conditions before the Final Map is approved pursuant to CMC Sections 82.16.060 - 82.16.110. Said agreement shall be prepared and recorded with City of Coronado Page 162
the County Recorder’s Office. If the above conditions are not completed prior to approval of the Final Map and a secured agreement is approved, all of the above conditions shall be completed to the satisfaction of the City of Coronado prior to any newly constructed dwelling’s building permit being finaled or occupancy permitted;
40. The Applicant shall defend (with counsel acceptable to City), indemnify, and hold harmless the City, its agents, officers, and employees from any and all claims, actions, proceedings, damages, judgments, or costs, including attorney’s fees, against the City or its agents, officers, or employees, relating to the issuance of this permit including, but not limited to, any action to attack, set aside, void, challenge, or annul this development approval and any environmental document or decision. The City will promptly notify the Applicant of any claim, action, or proceeding. The City may elect to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification. In the event of such election, the Applicant shall pay all of the costs related thereto, including without limitation reasonable attorney’s fees and costs. In the event of a disagreement between the City and Applicant regarding litigation issues, the City shall have the authority to control the litigation and make litigation related decisions, including, but not limited to, settlement or other disposition of the matter. However, the Applicant shall not be required to pay or perform any settlement unless such settlement is approved by the Applicant;
41. In accordance with Coronado Municipal Code Section 82.50.130(A) and State Government Code Section 66452.6, the Tentative Map shall expire 24 months after City Council approval.
PASSED AND ADOPTED by the City Council of the City of Coronado, California, this Eighteenth Day of July, 2023 by the following vote, to wit:
AYES:
NAYS:
ABSTAIN:
ABSENT:
_________________________
Richard Bailey, Mayor
City of Coronado
Attest:
_________________________________
KELSEA HOLIAN, City Clerk of the
City of Coronado, California
City of Coronado Page 163
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OWNER / APPUCANT
741-743 GAVE LLC
741 GAVE
CORONADO, CA 92118
UAP STA TEUENT
THIS IS A TEN TAT/VE MAP FOR 1 RESIDENT/AL PARCEL. THE TOTAL NUMBER OF PROPOSED PARCELS IS 1 WITH 4 UNITS.
SIT£ ADDRESS
741 G A VENUE, CORONADO, CA. 92118
LEGAL DESCRIPTION
LOT 31 AND 32 IN THE CITY OF CORONADO, COUNTY OF SAN DIEGO, STAT£ OF
CALIFORNIA, ACCORDING TO THE MAP THEREOF, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 12, 1886.
ASSESSOR'S PARCEL NO.
APN: 537-071-06
LOT AREA
EXISTING LOT AREA: 7007.8 SQ FT/ 0.16 ACRES
PROPOSED PARCEL AREA: 7007.8 SQ FT/ 0.16 ACRES
WA T£R SUPPLY
CALIFORNIA AMERICAN WA TER
SEWER SERVICE
CITY OF CORONADO
BENCHMARK
BENCH MARK FOR THIS SURVEY IS A CITY OF CORONADO VERTICAL CONTROL MONUMENT, A 2"BRASS DISK AT THE TOP OF CURB AT THE SOUTHWESTERLY RETURN OF 8TH STREET AND G A VENUE.
ELEVA T/ON: 20.171
DA TUM: NA V88
SURI/EYOR'S NOT£
1. NO GRADING IS PROPOSED, NO GRADING PLAN IS REQUIRED PER CITY OF CORONADO CODES AND REGULA T/ONS.
2. NO (OJ STREET TREES EXIST.
3. NO STORM DRAINS ARE PROPOSED, SIT£ IS SURFACE DRAINAGE ONLY.
4. NO PHASING OF THIS PROJECT IS PROPOSED.
5. STREET AND ALLEY IMPROVEMENTS ARE PROPOSED TO THE SATISFACTION OF THE CITY ENGINEERING DEPARTMENT.
6. ALL UTILITIES ARE PROPOSED TO BE UNDERGROUND.
ZONING
R-3; MULTI-FAMILY RESIDENT/AL, 3500 SQ. FT. MINIMUM LOT SIZE
TENTATIVE PARCEL MAP
1 PARCEL
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8402 N MAGNOIJA AVE, SUllE C SANlEE, CA 92071 (619) 449-2600 Allen R. A. Turner III PIS DATE
MAP PREPARATION
MARCH 17, 2023
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Attachment 2
City of Coronado Page 164
CORONADO PLANNING COMMISSION
MEETING MINUTES
Regular Meeting June 13, 2023
The regular meeting of the Coronado Planning Commission was called to order at 3:01 p.m., Tuesday, June 13, 2023, at the Coronado City Hall Council Chambers, 1825 Strand Way, Coronado, by Chair Weisbrod.
All communications received from the public for this meeting are available on the City’s website at www.coronado.ca.us and are part of the permanent record for this meeting.
MEMBERS PRESENT: Peter Jensen
Scott Metzger
Jon Ryan
Ed Weisbrod
MEMBERS ABSENT: Alexander Yakutis
STAFF PRESENT: Richard Grunow, Director
Jesse Brown, Senior Planner
Elizabeth Mitchell, Assistant City Attorney
Marisa Smith, Associate Planner
Kelsea Holian, City Clerk
Priscilla De Vera, Administrative Secretary
APPROVAL OF MINUTES
Motion by Commissioner Metzger to approve the minutes of the regular meeting of April 11, 2023.
Second by Commissioner Ryan.
AYES: Jensen, Metzger, Ryan, Weisbrod.
NAYS: None.
ABSENT: Yakutis.
ABSTAIN: None.
RECUSED: None.
The motion passed 4-0-1. The vote was announced.
Motion by Commissioner Ryan to approve the minutes of the special meeting of May 23, 2023.
Second by Commissioner Metzger.
AYES: Jensen, Metzger, Ryan, Weisbrod.
NAYS: None.
ABSENT: Yakutis.
ABSTAIN: None.
RECUSED: None.
The motion passed 4-0-1. The vote was announced.
Attachment 3
City of Coronado Page 165
ORAL COMMUNICATIONS AND OTHER MATTERS
Oral communications were held. No online public comments were submitted and no members of the public spoke on non-agenda items.
DIRECTOR’S REPORT
Director Richard Grunow had no updates.
ELECTION OF OFFICERS
Motion by Commissioner Ryan for Chair and Vice Chair to remain as is for the remainder of the calendar year.
Second by Commissioner Jensen.
AYES: Jensen, Metzger, Ryan, Weisbrod.
NAYS: None.
ABSENT: Yakutis.
ABSTAIN: None.
RECUSED: None.
The motion passed 4-0-1. The vote was announced.
PUBLIC HEARING
PC 2023-01 – 741-747 G Avenue – Request for a One-Lot Tentative Parcel Map to Allow for Condominium Ownership of Four Residential Units at 741-747 G Avenue.
Commissioner Ryan recused himself from participating. He owns property within 500 feet.
Associate Planner Marisa Smith provided the staff report and responded to Commission questions.
The applicant Rick Turner responded to questions from the Commission.
PUBLIC ORAL COMMUNICATIONS
Oral communications were held. No online public comments were submitted and no members of the public spoke.
COMMISSION DISCUSSION
Commissioner discussion was held.
COMMISSION ACTION
Motion by Commissioner Jensen to conditionally approve PC 2023-01 with staff recommendations and that the ownership is verified.
Second by Chair Weisbrod.
AYES: Jensen, Metzger, Weisbrod.
NAYS: None.
ABSENT: Yakutis.
ABSTAIN: None.
RECUSED: Ryan.
The motion passed 3-0-1-0-1. The vote was announced and appeal period noted.
Attachment 3
City of Coronado Page 166
PC 2023-05 and CP 2023-04 – Philthy Philz Carwash – Consider an Application for the Renewal of a Minor Special Use Permit and Coastal Development Permit to Allow for a Carwash to Continue Operations at 150 C Avenue in the Commercial/Orange Avenue Corridor Specific Plan Zone.
Commissioner Jensen disclosed being copied on email communications from the public that were submitted with the staff report.
Commissioner Metzger disclosed his use of the Carwash. He confirmed his use of the Carwash does not make him biased or prejudiced and believes he can be fair and impartial.
Chair Weisbrod disclosed visiting the Carwash site that morning.
Senior Planner Jesse Brown provided the staff report and responded to Commission questions.
Director Richard Grunow responded to Commission questions.
The applicant Phil Provenzano (business owner), Amity Provenzano (business owner), Kevin Steel (property owner), and Daniel Calloway (business owner’s attorney) each presented and responded to Commission questions.
PUBLIC ORAL COMMUNICATIONS
Oral communications were held.
Jeri Hickman provided oral comment in opposition to the project.
Lynn Hamilton provided oral comment in opposition to the project.
John Hickman provided oral comment in opposition to the project.
Dr. Fern Nelson provided oral comment in support of the project.
Victoria Schwebach provided oral comment in opposition to the project.
Peter Hamilton provided oral comment in opposition to the project.
Kim Russell provided oral comment in support of everyone working together.
Joe Cosart provided oral comment in opposition to the project. -End of Public CommentCOMMISSION DISCUSSION
Commissioner discussion was held.
COMMISSION ACTION
Motion by Commissioner Jensen to adopt the resolution denying the renewal request of PC 2023-05 and CP 2023-04.
Second by Commissioner Metzger.
AYES: Jensen, Metzger, Ryan, Weisbrod.
Attachment 3
City of Coronado Page 167
NAYS: None.
ABSENT: Yakutis.
ABSTAIN: None.
RECUSED: None.
The motion passed 4-0-1. The vote was announced and appeal period noted.
ADJOURNMENT
There being no further business, the meeting adjourned at 4:20 p.m. ________________________________
Richard Grunow, Director
Attachment 3
City of Coronado Page 168
CITY OF CORONADO
DEPARTMENT OF COMMUNTITY DEVELOPMENT
In the Matter of the Notice of Meeting for
PC 2023-01 – 741-747 G Avenue
DECLARATION OF NOTICE BY MAIL
AND/OR
PUBLISHED LEGAL NOTICE
I, Priscilla De Vera, declare:
That I am a Citizen of the United States over the age of eighteen years, that I am employed within the County of San Diego, California, by the City of Coronado, and my business address is 1825 Strand Way, Coronado, California, that I mailed and/or published a legal notice, a true and correct copy of which is ATTACHED HERETO and made a part hereof, that such notices were mailed and/or will be printed in a newspaper of general circulation for the Regular Meeting of the City Council on July 18, 2023.
I declare under penalty of perjury that the foregoing is true and correct.
Published legal notice executed on July 5, 2023 at Coronado, California.
Mailing executed on July 6, 2023 at Coronado, California. __________________________________
Priscilla De Vera, Administrative Secretary
City of Coronado
Attachment 4
City of Coronado Page 169
LEGAL NOTICE
(July 5, 2023)
NOTICE OF
PUBLIC HEARING
NOTICE IS HEREBY GIVEN that a Public Hearing will be held by the City Council of the City of Coronado in the City Council Chambers, City Hall, 1825 Strand Way, Coronado, California, on Tuesday, July 18, 2023 at 4 p.m., or as soon thereafter as possible to consider the following item:
PC 2023-15 - 741-747 G Avenue – Request for approval of a one-lot Tentative Parcel Map to allow for condominium ownership of 4 residential units for the property legally described as Lots 31 and 32 in Block 65 of CBSI, addressed as 741-747 G Avenue in the R-3 (Multiple Family Residential) Zone. The application was submitted by KAPPA Surveying and Engineering on behalf of 741-743 G Ave, LLC, on April 5, 2023.
At said hearing, any interested person may present testimony orally or in writing. Under California Government Code 65009, if you challenge the nature of the proposed action(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or written correspondence delivered to the City at, or prior to, the public hearing.
Please refer to the official posted agenda on the City’s website (www.coronado.ca.us) on the Friday afternoon prior to the meeting for the staff report for this item and/or changes to the agenda.
For further information, contact Marisa Smith, Associate Planner, at the City of Coronado Community Development Department, 1825 Strand Way, Coronado, California, by email at [email protected]
CORONADO CITY COUNCIL
BY: Kelsea Holian, MMC, CPM
Deputy City Clerk
Attachment 4
City of Coronado Page 170
CITY COUNCIL STAFF REPORT
July 18, 2023 8b
PUBLIC HEARING: REQUEST FOR A MAJOR SPECIAL USE PERMIT MODIFICATION TO
ALLOW A REMODEL, SECOND STORY ADDITION, AND CONTINUED OPERATION OF AN EXISTING GAS STATION AND CONVENIENCE STORE LOCATED AT 400 ORANGE AVENUE IN THE R-4 (MULTIPLE-FAMILY RESIDENTIAL)/ORANGE AVENUE CORRIDOR
SPECIFIC PLAN ZONE AND DETERMINATION THAT THE PROJECT IS CATEGORICALLY EXEMPT UNDER SECTION 15332 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (PC2022-11)
RECOMMENDATION:
Staff recommends that the City Council approve the Major Special Use Permit Modification and determine that the project is categorically exempt from the California Environmental Quality Act under Section 15332 of the CEQA Guidelines.
BACKGROUND:
The service station at 400 Orange Avenue was originally built in 1920. In 1998, the City Council voted to approve a Major Special Use Permit (MSUP) by adopting Resolution 7585 to allow continuation of the service station pursuant to requirements within the Coronado Municipal Code (CMC). In 2003, the City Council amended the MSUP by adopting Resolution 7947, which extended the permit expiration date and added updated State stormwater requirements. The City Council previously found that the service station should be allowed to continue to operate because it has been in continuous operation for many years and provides a benefit to the community.
The MSUP Modification under consideration would allow a remodel and expansion of the convenience store and a second story addition for storage and personal office use. A Coastal Development Permit, which is required for all projects in the City that require a MSUP (CMC
86.70), was conditionally approved by the Planning Commission on April 11, 2023. Finally, the property is located within the Orange Avenue Corridor Specific Plan (OACSP), which requires review and approval from the Design Review Commission (DRC). The applicant received approval from the DRC on March 8, 2023.
ANALYSIS:
The proposal is to rebrand the gasoline from Sinclair to Brikho, an independent gasoline station, remodel the existing building by converting the service bays into retail space, and expand the building by adding a second story. The pumps will be replaced with new equipment and the canopy sign will be updated with the new owners’ name and logo in the same locations. There will be no increase in footprint on the first floor. The most notable proposed change includes a 1,421-square foot, second-story addition. The second story, which will provide storage space will not be available to the public and will cantilever out toward Fourth Street.
The proposed addition of retail space will increase the total number of required parking spaces from five to six, as required by CMC Section 86.58.030.L. The convenience store and pump station hours of operation is proposed to be daily from 6:00 A.M. to midnight. In addition, trucks refueling the underground storage tanks are prohibited on site between the hours of 10:00 P.M. and 6:00 A.M. Conditions are included in the attached draft Resolution which regulate the hours City of Coronado Page 171
of operation as well as other potential impacts such as noise and lighting (e.g., no outdoor amplifications, shielding of exterior lighting).
A modification to an existing Major Special Use Permit allows the City Council to impose additional conditions on the project (CMC § 86.55.050). These conditions may address special consideration of either the site, the operating characteristics, or any potential adverse environmental effects of the project on the surrounding properties or zone(s). Proposed conditions of approval can be found in the Draft Resolution.
Project Issues
Several questions and concerns have been expressed about the proposed project, including zoning consistency, traffic, customers, and vendors improperly parking in the alley and driving over the sidewalk, the types of merchandise that may be sold in the convenience store, and the expiration date of the MSUP. These issues are discussed in more detail below.
Zoning Consistency – Gas Station Use
The project site is zoned R-4 – Multiple-Family Residential. Gas stations are not an allowed use in the R-4 zone; however, the gas station predates current zoning regulations and was legally established over 100 years ago. The gas station has been in continuous operation since its inception and initially became legal non-conforming following zoning changes to the underlying property.
CMC section 86.50.020 defines a non-conforming use as a use that: A) is not within the scope, either expressly or implicitly, of zoning restrictions set forth in current zoning ordinance provisions announcing the purpose, intent, permissible uses, and allowable accessory uses for the zone in which the particular use is located; and, B) has not been issued a special use permit, if applicable, under the provisions of this chapter (emphasis added).
Because the gas station was issued a MSUP in 1998 and again in 2003, it is by definition now considered legal and conforming and is not subject to municipal code limitations on nonconforming uses. The gas station use is therefore consistent with the underlying zoning so long as the property owner has a valid MSUP.
Zoning Consistency – Development Standards
The Municipal Code requires expanded setbacks for gas station uses to minimize impacts to neighboring property owners. Specifically, new gas stations are required to provide a 30-foot side yard setbacks, 20-foot setbacks between pump islands and parallel streets, 24-foot setbacks between pump islands and perpendicular streets and all property lines, and 10-foot setbacks between canopies and any street frontage property line.
The subject property is 50’ x 140’ and does not offer the necessary space to comply with current setback requirements. However, current setback standards were adopted after the gas station was legally established in 1920 and were in place when the prior MSUPs were issued.
The proposed second story addition would observe the previously approved setbacks of the existing building. Staff believes the second story addition can be found to be consistent with setback requirements because it would conform to the setback dimensions authorized by the 1998 and 2003 MSUPs and because the addition would be used solely for storage and a gas station personnel office, uses that are low-impact and do not possess the operational characteristics commonly associated with gas stations that warrant expanded setbacks.
City of Coronado Page 172
Staff believes findings can be made to permit the second story addition with the proposed setbacks predicated on the continuous, historical use and past MSUPs. The City Council could also find that the second story addition does not strictly comply with the current 30-foot side yard setback requirements for gas stations.
Zoning Consistency - Retail Merchandise
Some residents have expressed concerns that a prior permit condition that prohibited the sales “…of merchandise not related to the motoring public…” is not included in the proposed conditions of approval. Residents have specifically objected to sales of alcohol, charcoal, firewood, and other non-automotive products and have requested that the prior condition be retained.
Municipal Code section 86.55.250(B(7) establishes the following for gas stations: “The sales and rental of any type of merchandise not related to the motoring public is prohibited except vending machines shall be permitted only within an enclosed building and shall not be visible from off the premises, and such proprietary items as road maps, highway flares, insecticides or other small items incidental and related to the convenience of the motoring public”.
Staff is concerned that the language of this code section can invite good-faith disagreements about what constitutes “…merchandise not related to the motoring public…” and “…other small items incidental and related to the convenience of the motoring public…”. For example, a narrow interpretation of this code section may result in a determination that only automobile related items such as motor oil, windshield washer fluid, and air fresheners are allowed to be sold. Conversely, a more expansive interpretation could reasonably conclude that snacks, refreshments, cell phone chargers, and personal hygiene items meet the intent of “related to the convenience of the motoring public”. It also does not seem unreasonable to staff that merchandise such as charcoal and firewood could be considered items of convenience for motorists who stop at the gas station on their way to a BBQ or to enjoy a beach fire.
In addition, staff is concerned about enforceability and creating a public expectation that the City will regularly monitor the store to ensure their inventory consists only of items convenient to the motoring public.
The limits on merchandise sales is a Municipal Code requirement that must be reconciled with the project to proceed. Staff presents the City Council with two options to address this issue.
The first option is to retain the limitations on merchandise sales. Because the limitation is a Municipal Code requirement, a condition of approval reciting this restriction is not necessary but may be added if the Council prefers.
The second option is for the Council to permit the convenience store as combined use as defined by Municipal Code section 85.55.250(C), which states: “Combination Uses. Service stations combined with another use may be approved as part of the special use permit providing the other use is permitted within the zone district, parking and access is provided for the customers in an area additional to the area required for the service station and access to the other use is safe and not in conflict with the service station.”
Commercial retail uses are not permitted in the R-4 zone; however, as previously described, the gas station predates current zoning and has a valid MSUP which by municipal code definition makes it a conforming use. The project meets off-street parking requirements, and the convenience store use has a long history of operating safely and without conflict with the gas station.
City of Coronado Page 173
By authorizing the convenience store as a combined use, the City Council could allow the gas station to operate as a retail use with the ability to sell items customarily found in other similar convenience stores. Under this option, the City Council may also impose specific restrictions on certain types of merchandise such as alcoholic beverages or tobacco products.
Traffic
Remodeling the service station and converting the service bays to an enlarged retail area has the potential to attract more customers to the site; however, it is not expected to result in a significant increase in traffic. The site is accessed by Fourth Street and Orange Avenue, which are both designated as Principal Arterial Streets in the City’s General Plan Circulation Element and accommodate approximately 20,000 – 26,900 average daily trips. Moreover, the property’s principal use and primary traffic generator is a four-pump gas station that is not proposed to expand. While a nominal number of additional customers may patronize the remodeled and larger convenience store, it is not expected to represent a significant increase over current traffic conditions or result in a decreased level of service on either Fourth Street or Orange Avenue.
Site Circulation
The compact nature of the property makes it difficult for vehicles to easily navigate through the site when the gas pumps are occupied. Customers and vendors have been observed parking improperly in the adjacent alley or driving over sidewalks instead of waiting for other vehicles to vacate the site. The small size of the property, however, severely limits opportunities for site design modifications to effectively improve vehicle circulation or queuing without eliminating gas pumps or reducing the existing building footprint. Although site circulation is less than ideal and can present inconveniences for customers and neighbors, the conditions are not considered hazardous and staff is not aware of any prior accidents or injuries that have occurred due to circulation issues.
MSUP Expiration
The current MSUP included a 30-year term and is scheduled to expire on August 4, 2028. Sunset dates in use permits are not typical; however, expiration dates have been included as conditions of approval for other use types with operating characteristics that may have conflicts with neighboring properties.
Although the City may include an expiration date as a condition of approval for use permits, the City is required to provide an applicant with due process, including a noticed public hearing to consider an extension of the permit term, at which time the City would need to make findings that the use was either operating out of compliance with their permit and/or was an incompatible use with surrounding use types. In other words, the City could not allow a permit to expire without cause.
Because the gas station has operating characteristics that may create conflicts with neighboring residential uses, staff has included a 15-year permit term as a condition of approval.
FISCAL IMPACT:
None.
City of Coronado Page 174
ALTERNATIVE:
The City Council may deny the project or modify findings and/or conditions of approval, including but not limited to restrictions on merchandise restrictions, the proposed second story, expanded retail area, or permit expiration date.
CALIFORNIA ENVIRONMENTAL QUALITY ACT:
Staff recommends that the City Council determine this project is categorically exempt from CEQA under Class 32, In-Fill Development Projects. Findings supporting this determination are included in the draft resolution.
PUBLIC NOTICE:
A public notice regarding this agenda item was published in the Coronado Eagle & Journal on July 5, 2023 and was mailed to all property owners within 300 feet of the subject property and to all occupants within 100 feet of the subject property.
ATTACHMENTS:
1. Draft Resolution 2023-29
2. Project Applications and Plans
3. Declaration of Publishing and Public Notice
Submitted By: Community Development Department / Marisa Smith City of Coronado Page 175
Attachment 1
RESOLUTION NO. 2023-29
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CORONADO, CALIFORNIA, DETERMINATING THAT THE
PROJECT IS CATEGORICALLY EXEMPT UNDER CLASS 32 OF
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
GUIDELINES SECTION 15332 (IN-FILL DEVELOPMENT) AND
APPROVING A MAJOR SPECIAL USE PERMIT MODIFICATION
TO ALLOW FOR THE CONTINUED OPERATION AND
EXPANSION/REMODEL OF A GASOLINE STATION AND
CONVENIENCE STORE LOCATED AT 400 ORANGE AVENUE
IN THE R-4 ZONE OF THE ORANGE AVENUE CORRIDOR
SPECIFIC PLAN
WHEREAS, the City has been requested to approve a Modification to an existing Major Special Use Permit and Coastal Permit for an expansion and remodel of an existing gasoline station and convenience store located at 400 Orange Avenue in accordance with Chapters 86.55,
86.58, and 86.70 of the Coronado Municipal Code; and
WHEREAS, on May 6, 2022, Joseph Brikho (the “OWNER”) applied to the City of Coronado for a Major Special Use Permit Modification (PC 2022-11) and Coastal Development Permit (CP 2022-04) to expand and remodel the existing gasoline station and convenience store located at 400 Orange Avenue, a parcel located in the Multi-Family Residential (R-4) and Orange Avenue Corridor Specific Plan (OACSP) Zone; and
WHEREAS, the proposed project contemplates the continued operation of an automobile service station and addition of a second story for storage and gas station personneel office space at 400 Orange Avenue; and
WHEREAS, on March 8, 2023, the Design Review Commission approved DR2022-14 approving the proposed project design; and
WHEREAS, on April 11, 2023, the Planning Commission of the City of Coronado held a properly noticed public hearing, at which time all persons desiring to be heard were heard at said hearing, and conditionally approved the Coastal Development Permit, and recommended that the City Council conditionally approve the Modification to the Major Special Use; and WHEREAS, on July 18, 2023, the City Council of the City of Coronado held a properly noticed public hearing, at which time all persons desiring to be heard were heard at said hearing; and
WHEREAS, the proposed use is permitted in the R-4 Zone by virtue of having an approved Major Special Use Permit and Coastal Development Permit, and is consistent with the Coronado Zoning Ordinance, the General Plan, and the Local Coastal Program; and City of Coronado Page 176
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WHEREAS, the proposed use, as conditioned, does comply with all the policies, goals, and standards of the City of Coronado’s adopted Local Coastal Program and Coronado Municipal Code, and will not impact access to or along the coast or damage coastal resources; and WHEREAS, evidence was submitted and considered, including without limitation:
1) Plans provided dated November 30, 2022;
2) Written information submitted with the application forms; 3) Oral testimony from staff, owner, OWNER and the public were made a part of the public record at said public hearing;
4) A Planning Commission staff report on the applications dated April 11, 2023, which is incorporated by this reference as though fully set forth; 5) A City Council staff report on the applications dated July 18, 2023, which is incorporated by this reference as though fully set forth; and
6) Additional written documentation.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Coronado that the project is hereby found and determined to be categorically exempt from the requirements of CEQA under Class 32 of the State CEQA Guidelines Section 15332 (14 CCR §15332) pertaining to In-Fill Development and that such determination is based on the following findings, which are hereby made:
1. The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations as the addition of a second story for storage and gas station personel office space and expansion of the retail space is permitted in the R-4 Zone with an approved Special Use Permit and complies with all development standards including Coronado Municipal Code (CMC) Section 86.55.250.C.
2. The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses as the site is 0.16 acres in size in a builtout Multi-Family Residential Zone.
3. The project site has no value, as habitat for endangered, rare or threatened species as it has been developed by an automobile service station since 1920.
4. Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality as it would not introduce a significant number of additional vehicle trips on a Principal Arterial Street designed to accommodate more than 15,000 daily trips. In addition, the operational noise will not exceed existing noise levels from surrounding uses. The construction will be temporary and is expected to follow best management practices for air quality including mufflers on equipment and watering the City of Coronado Page 177
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site, and the project has been conditioned to comply with all stormwater quality requirements.
5. The site can be adequately served by all required utilities and public services.
6. As conditioned, the project will not have a direct or reasonably foreseeable indirect impact on the environment. The proposed use and improvements will not cause significant environmental damage nor substantially nor unavoidably injure fish or wildlife or their habitat.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Coronado hereby approves said Major Special Use Permit Modification (PC 2022-11) with conditions of approval based on the following findings:
1. Is the use as proposed detrimental to the health, safety, or general welfare of persons residing or working in the vicinity?
No. The proposed project as conditioned will not adversely affect the health, safety or general welfare of persons residing or working in the vicinity since the use is an existing gasoline station and convenience store and will continue to operate with the same general use and intensity. The change in the ownership and addition of a second story storage space will not substantially affect the overall use. In addition, the alteration of the two automobile service stations into retail space may reduce impacts such as noise and odors. Although a gasoline station and convenience store are not a by-right use in the R-4 Zone, a gasoline station has been operating in this location for over 100 years and conditions have been placed on the project to protect those residing or working in the area. The City Council approved MSUPs in 1998 and 2003 to allow the use to continue due to its tenure and convenience provided to residents of Coronado.
2. Is the use as proposed injurious to property or improvements in the vicinity? No. The use, as proposed and conditioned, will not be injurious to property or improvements in the vicinity, as the use already exists and the addition can be found to comply with all development standards. In addition, a change in ownership of the existing gasoline station and convenience store will not affect the project site since adequate facilities exist, including parking. Additionally, conditions are imposed on the project to minimize potential impacts on the adjacent properties and ensure compliance with the OACSP/R-4 Zone Design Criteria.
3. Is the use as proposed consistent with the General Plan, any applicable specific plan, or a zoning regulation?
No. The existing gasoline station and convenience store is an existing and legally permitted use that has been in operation since the 1920’s and continues to provide a service which will contribute to the general well-being of the community, which a previous City Council had determined. The OWNER proposes to change the brand of gasoline, thereby changing the City of Coronado Page 178
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signage to match the current owner. This change of signage and equipment will not impact the General Plan, OACSP, or any zoning regulations.
The OWNER also proposes to expand and remodel the existing convenience store. The automobile service stations (mainly used for smog testing) will be removed and the area will be converted to retail space. While the overall footprint of the building will not expand, the existing retail area inside the store will become larger and thereby provide more options of food, beverage, and ancillary automobile items for the public to purchase. While the use is changing, it will not intensify, as retail is generally less impactful than an automotive service station (less noise, vibrations, odors, etc.) as conditioned.
Finally, the OWNER also proposes to add a second story to the existing convenience store. This addition will be ancillary storage space accessible by employees only and is allowed under CMC Section 86.55.250.C with the approval of a MSUP Modification. The addition is found to comply with all setbacks and height requirements of the R-4 Zone.
Therefore, the continued operation and implementation of conditions for the gasoline station and convenience store will ensure that it will operate in harmony with the surrounding uses.
4. Will the location or operating characteristics of the proposed use be incompatible with, or will adversely affect or will be materially detrimental to impacted uses, residences, buildings, structures or natural resources?
No. The location and operating characteristics of the existing gasoline station and convenience store, even with the ownership change and remodel, as conditioned, will continue to be compatible with and will not adversely affect or be materially detrimental to impacted uses, residences, buildings, structures, or natural resources, since adequate public facilities, services and utilities exist to serve the proposed use. A gasoline station has been operating on this property for over 100 years, and the change in ownership will not cause additional impacts. The modifications to the convenience store have been reviewed and conditioned to ensure that potential impacts are properly mitigated. Finally, the project was reviewed and approved by the Design Review Commission on March 8, 2023 to ensure that the changes are in harmony with the OACSP and surrounding properties.
5. Are there inadequate public facilities, services and utilities to serve the proposed use? No; public facilities, services, and utilities are adequate to serve the existing automobile service station and the proposed second story since the automobile service station has been established since 1920 and there is adequate infrastructure capacity for the addition.
6. Is there a harmful effect upon a desirable neighborhood character? City of Coronado Page 179
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No. The gasoline station and structure are a part of Coronado’s built environment and received approval of a Major SUP in 1998 to continue the use. The proposed change of gasoline brand and remodel/expansion of the convenience store was reviewed and approved by the Design Review Commission on March 8, 2023 so it would be compatible with the existing neighborhood. Conditions have been imposed on the use to reduce any potential harmful effect of the project on the surrounding area, such as no outdoor amplification, shielded outdoor lighting, and maintenance of landscaping. Therefore, approval of this project will not produce a harmful effect on a desirable neighborhood character.
7. Does the capacity and physical character of surrounding streets have the ability to safely accommodate traffic that will be generated by the proposed use? Yes. The project as conditioned is not forecast to result in a significant change in traffic conditions along the surrounding roadways or intersections since the use of a gasoline station and convenience store already exists. The expansion and remodel of the convenience store and the change in ownership of the gasoline station is not expected to generate significantly higher volumes of either traffic or parking that would lead to significant impacts.
Vehicle traffic associated with the proposed use in the OACSP/R-4 Zone can be accommodated along both Orange Avenue and Fourth Street, each of which is designated as a Principal Arterial Street. The existing average daily trips (ADTs) at this site are between 20,000- 26,900, and the modification of the existing site would add a minimal number of additional ADTs since the second-floor expansion is not for customer use. In addition, the retail component already exists and is only expanding in volume and selection. Therefore, the proposed changes will not impact the streets’ ability to safely accommodate traffic generated by this use.
8. Is the site suitable for the type or intensity of use which is proposed? Yes. The site is suitable for the proposed type and intensity of use since the use of a gasoline station and convenience store already exists on the site and has for more than 100 years.
The expansion and remodel of the convenience store will not significantly increase the intensity of use since the retail space currently exists and proposed second story will be storage and office space for employees and not available to the public. The design will include changing the automobile service stations into retail space, thereby increasing the amount of goods and sundries available for purchase. However, the footprint of the store will not increase. Customers will be able to utilize one of six parking spaces within the property, not including the four pump stations. In addition, the site is served by all required utilities and can be accessed by two streets (Orange Avenue and Fourth Street) and is also accessible by foot, bicycle, or bus.
9. Is there any harmful effect upon the environmental quality and natural resources of the City?
No. The proposed Modification to the existing Major Use Permit as conditioned will not have a significant effect on the environment, as it will be operated in accordance with current City of Coronado Page 180
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zoning codes and the Modification was found to be exempt from CEQA pursuant to State CEQA Guidelines Section 15332.
10. Without the imposition of the conditions of approval below, the proposed project is reasonably likely to be contrary to the provisions of Title 86 of the CMC or to cause an adverse impact upon the environment or upon the health, safety, or welfare of the community, including by an overuse and degradation of the adjacent alley as a result of the additional vehicle traffic that will use the alley to access the new parking area for the subject improvements. The conditions of approval included below, including that the OWNER complete a full alley replacement (20-foot width) from the south property line to Fourth Street, including two (2) adjacent curb ramps, is necessary to mitigate the impacts of the proposed use.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Coronado hereby approves the Major Special Use Permit Modification subject to the following conditions:
Standard Conditions of Approval:
1. The OWNER shall fully comply with approved plans, specifications, and conditions of approval and any requested deviations from the approved plans or project conditions must be submitted to the City of Coronado Community Development Department for review prior to construction.
2. The OWNER shall conduct the permitted use so as not to cause a public nuisance.
3. The OWNER, at all times during the effective period of this permit, shall obtain and maintain in valid force and effect, each and every license and permit required by a governmental agency for the operation of all authorized activity, to include without limitation a valid business license from the City of Coronado.
4. Unless the OWNER commences the activity authorized by this permit, or obtains an extension, this permit shall expire two years after the date of approval.
5. The subject Major Special Use Permit shall expire 15 years from the date of City Council approval unless the OWNER applies for and receives a permit extension that authorizes the continued use of the activities authorized by this permit.
6. In the event that the OWNER does not meet any of the conditions of this permit, the City may cause a noticed hearing to be set before the City Council to determine why the City of Coronado should not revoke this permit.
7. Upon a showing of public necessity demonstrated at a noticed hearing, the City of Coronado, acting through the City Council, may add, amend, or delete conditions and regulations contained in this permit.
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8. The OWNER shall not intensify the permitted uses beyond that which is specifically described in this permit, nothing in this permit authorizes the OWNER to exceed the intensity of these permitted uses.
7. The OWNER shall defend, indemnify, and hold harmless the City and its officials, agents, officers, and employees from any and all claims, actions, proceedings, damages, judgments, or costs, including attorney’s fees, against the City or its officials, agents, officers, or employees, relating to the issuance of this permit including, but not limited to, any action to attack, set aside, void, challenge, or annul this development approval or any environmental document or decision in connection therewith. The City will promptly notify the OWNER of any claim, action, or proceeding. The City may elect to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification. In the event of such election, the OWNER shall pay all of the costs related thereto, including without limitation reasonable attorney’s fees and costs. In the event of a disagreement between the City and OWNER regarding litigation issues, the City shall have the authority to control the litigation and make litigation related decisions, including, but not limited to, settlement or other disposition of the matter. However, the OWNER shall not be required to pay or perform any settlement unless such settlement is approved by the OWNER.
Additional Conditions of Approval:
8. The Coastal Development Permit is contingent upon City Council approval of a Major Special Use Permit Modification for the proposed project or use (or of some modified version of the proposed project or use that is substantially similar to that reviewed by the Planning Commission).
9. The Coastal Development Permit shall be valid coterminous with the Major Special Use Permit Modification.
10. No amplified sound is permitted on the exterior of the property. If the OWNER should add amplification (including TVs or sound systems on the gasoline pumps) a Modification to this MSUP is required.
11. Nothing in this permit shall relieve the OWNER from complying with the conditions and regulations generally imposed upon activities similar in nature to the activity authorized by this permit, including the requirement for encroachment permits.
12. This permit is a covenant running with the subject property and shall be binding upon the property OWNER and permittee and any successor or successors, and the interest of any successor shall be subject to each and every condition set out in the permit and all referenced documents.
13. No change, modifications, or alterations such as but not limited to: an increase of floor area, reconstruction or replacement of buildings, and the addition of other land uses shall be made City of Coronado Page 182
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unless appropriate applications for the amendment of this permit have been granted by the City of Coronado.
14. OWNER shall be responsible for the exterior maintenance of all main and accessory structures, equipment, pavement and hardscape on the subject property and those improvements required by this permit on the adjoining public property.
15. OWNER shall be responsible for maintenance of all landscaping on the subject property and on the adjoining public property. All approved landscaping shall be maintained in a disease, weed, and litter-free condition at all times. Modifications, such as severely pruning or “topping” of the trees on the adjoining public property is not allowed unless specifically approved by the City of Coronado in writing, in advance.
16. If the exterior of any main and accessory structures or equipment or any existing or proposed landscaping (including pavement, hardscape, landscape features, etc.) is damaged or removed for any reason and from any cause at any time after issuance of this permit, it shall be repaired and/or replaced in kind and equivalent size within 30 days by OWNER. The replacement size of plant material after three years shall be the equivalent size of that plant at the time of removal (the largest size commercially available and/or an increased number) to the satisfaction of the City of Coronado.
17. In the event that the subject service station is abandoned or vacated for a continuous period of two years (24 months) or longer, the OWNER shall either resume use as a service station under this existing permit or OWNER shall cause to have all structures, buildings, pavement, signs, etc. and accessory uses related to the service station and other potentially hazardous conditions removed from the premises. Underground fuel storage tanks and contaminated soil (if present) shall also be removed from the premises to the satisfaction of the City of Coronado.
18. The hours of operation for the convenience store are from 6:00 A.M. to 12:00 A.M. (midnight).
No work shall be performed on the site nor services or products provided between the hours of 12:00 A.M. (midnight) and 6:00 A.M.
19. Trucks refilling the underground fuel tanks shall not be permitted on the subject property between the hours of 10:00 P.M. and 6:00 A.M. and while on site said trucks shall have all non-essential engines or equipment turned off.
20. OWNER shall obtain an ABC license and all applicable State licenses prior to the sale of any alcoholic beverages.
21. OWNER shall obtain approval from the City of Coronado Design Review Commission prior to making any on-site exterior changes or additions to any structure, landscaping, or site required as conditions of this MSUP or desired by OWNER.
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22. OWNER shall obtain a right-of-way permit from the City of Coronado Public Services and Engineering Department for all work performed outside of the development's private property lines.
23. OWNER shall have any survey monuments which are disturbed replaced by a California licensed land surveyor.
24. No vehicle repair is allowed on site.
25. OWNER shall install all utilities which are not possible to underground, such as transformers and backflow valves, on private property and said utilities shall be screened from public view to the satisfaction of CITY.
26. All merchandise, including vending machines, shall be stored and displayed within the convenience store building, except as described in Condition #28.
27. No used or discarded automotive parts or equipment or permanently disabled, junk or wrecked vehicles shall be located on the premises except within an enclosed trash storage area screened from public view.
28. Products which render an express convenience of service to the customer, such as pump island racks containing oil cans and additives, may be displayed under the pump island canopy when maintained in a cabinet or display rack. Such cabinets or racks shall not obstruct vehicular access to pump islands.
29. The use of the service station site as a commercial parking lot is prohibited.
30. Storage and trash shall be kept only in areas approved by CITY and shall not be placed higher than the walls enclosing such areas. Trash may be collected in containers at the pump islands or inside buildings and service bays. Any such containers visible from off the premises shall be designed as an integral part of the building architecture.
31. OWNER shall construct and utilize an onsite trash enclosure for the present and future outside storage of trash. Said enclosure shall be enclosed within a minimum 5-foot-high wall with a gate approved by the City of Coronado and as shown on the approved plans. Trash containers are not permitted outside of said trash enclosure except as otherwise noted within this permit.
The dumpster or other container used for trash storage within the enclosure shall have a cover or lid which shall be closed at all times.
32. OWNER shall complete full alley replacement (20-foot width) from the south property line to Fourth Street, including two (2) adjacent curb ramps. The OWNER shall obtain all required CITY and Caltrans permits, as applicable.
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33. All development shall comply with all Storm Water Quality requirements and standards in effect at the time of the Building Permit issuance including but not limited to the California Regional Water Quality Control Board, San Diego Region, Order No. R9-2013-0001, as amended by Order Nos. R9-2015-0001, R9-2015-0100, and R9-2017-0077, and any other amendments, NPDES No. CAS0109266 and Title 61 of the Coronado Municipal Code, "Storm Water and Urban Runoff Management and Discharge Control" to the satisfaction of the Public Services and Engineering Department.
34. OWNER must install perimeter security cameras within the property and provide any evidence to the City of Coronado Police Department upon request.
35. All proposed exterior lighting fixtures shall be installed and maintained to project light primarily on the subject property and shall not shine light or glare on adjacent properties or the public right-of-way.
36. OWNER shall submit evidence that the County Department of Environmental Health (DEH) has authorized the conversion of the service bay/service station prior to issuance of a building permit.
37. The second-floor use shall be for ancillary storage along with any personal office-type of use specifically for the gasoline/convenience store. No additional use (e.g., separate commercial use, living quarters) is allowed without an approved Major Use Permit Modification.
38. Prior to the issuance of a building permit, the OWNER shall submit a construction management plan for approval to the satisfaction of the Community Development and Public Services and Engineering Departments. The construction management plan shall address the location of equipment and materials storage; construction hours; path of travel for larger vehicles and construction equipment to and from the site; contractor parking; and maintenance of parking in and around the project site including requirements to maintain existing parking or provide alternatives such as alternative parking locations, parking restrictions and/or public transportation alternatives for employees.
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PASSED, ADOPTED, AND APPROVED by the City Council of the City of Coronado, California, at a regular meeting thereof this Eighteenth Day of July, 2023 by the following vote to wit:
AYES:
NAYS:
ABSTAIN:
ABSENT:
APPROVED:
____________________________________
RICHARD BAILEY, Mayor of the
City of Coronado, California
ATTEST:
__________________________________
KELSEA HOLIAN, City Clerk of the
City of Coronado, California
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CITY OF CORONADO
DEPARTMENT OF COMMUNTITY DEVELOPMENT
In the Matter of the Notice of Meeting for
PC 2022-11 – 400 Orange Avenue
DECLARATION OF NOTICE BY MAIL
AND/OR
PUBLISHED LEGAL NOTICE
I, Priscilla De Vera, declare:
That I am a Citizen of the United States over the age of eighteen years, that I am employed within the County of San Diego, California, by the City of Coronado, and my business address is 1825 Strand Way, Coronado, California, that I mailed and/or published a legal notice, a true and correct copy of which is ATTACHED HERETO and made a part hereof, that such notices were mailed and/or will be printed in a newspaper of general circulation for the Regular Meeting of the City Council on July 18, 2023.
I declare under penalty of perjury that the foregoing is true and correct.
Published legal notice executed on July 5, 2023 at Coronado, California.
Mailing executed on July 6, 2023 at Coronado, California. __________________________________
Priscilla De Vera, Administrative Secretary
City of Coronado
Attachment 3
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LEGAL NOTICE
(July 5, 2023)
NOTICE OF
PUBLIC HEARING
NOTICE IS HEREBY GIVEN that a Public Hearing will be held by the City Council of the City of Coronado in the City Council Chambers, City Hall, 1825 Strand Way, Coronado, California, on Tuesday, July 18, 2023 at 4 p.m., or as soon thereafter as possible to consider the following item:
PC 2022-11 and CP 2022-04 - 400 Orange Avenue – Request for a Major Special Use Permit Modification to allow for the continued use and redesign to an existing gas station and convenience store at 400 Orange Avenue in the Multiple-Family Residential/Orange Avenue Corridor Specific Plan Zone. This project also requires a Coastal Permit pursuant to CMC 86.70.050. The application was submitted by Joseph Brikho of BPR Coronado, LLC on May 6, 2022.
At said hearing, any interested person may present testimony orally or in writing. Under California Government Code 65009, if you challenge the nature of the proposed action(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or written correspondence delivered to the City at, or prior to, the public hearing.
Please refer to the official posted agenda on the City’s website (www.coronado.ca.us) on the Friday afternoon prior to the meeting for the staff report for this item and/or changes to the agenda.
For further information, contact Marisa Smith, Associate Planner, at the City of Coronado Community Development Department, 1825 Strand Way, Coronado, California, by email at [email protected]
CORONADO CITY COUNCIL
BY: Kelsea Holian, MMC, CPM
Deputy City Clerk
Attachment 3
City of Coronado Page 204
CITY COUNCIL STAFF REPORT
July 18, 2023 8c
PHILTHY PHILZ CARWASH – CONSIDER AN APPEAL OF THE PLANNING COMMISSION’S
DECISION TO DENY AN APPLICATION TO RENEW A MINOR SPECIAL USE PERMIT AND COASTAL DEVELOPMENT PERMIT FOR A CARWASH AT 150 C AVENUE IN THE COMMERCIAL/ORANGE AVENUE CORRIDOR SPECIFIC PLAN ZONE (PC 2023-05 AND CP 2023-04)
RECOMMENDATION:
Staff recommends that the City Council adopt the Resolution to deny the appeal and deny the Minor Special Use Permit and Coastal Permit renewal request for carwash operations at 150 C Avenue.
BACKGROUND:
The subject property is located at 150 C Avenue in the Commercial Zone of the Orange Avenue Corridor Specific Plan (OACSP) and is approximately 7,400 square feet in size, with 53 feet of frontage along C Avenue. It is surrounded by Commercially zoned properties on all sides.
Improvements to the north include the Regatta Bay, a 3-story mixed use development with condominiums on the upper floors; to the south includes a medical office, gym, and parking lot; to the east includes the rear of the Smart and Final grocery store and its loading dock and medical offices, and to the west includes Boney’s grocery store and a 3-story mixed use building with condominiums on the upper floors.
Carwash operations were first permitted in 1993 with the adoption of City Council Resolution 7251 approving a Special Use Permit. The City Council then renewed the permit in 2003 with adoption of City Council Resolution 7940, which also extended the expiration date by ten years. When these actions were taken the property was zoned “Limited Commercial”, the purpose of which was “…to accommodate the location of commercial activities of a semi-light industrial nature…” However, the OACSP was under development and just a few months from adoption, which occurred in November 2003, and the site was rezoned to “Commercial” where a carwash was a permitted use with approval of a Minor Special Use Permit.
In 2007, the Regatta Bay Mixed Use Development was completed, which introduced upper floor condominiums next door to the carwash.
In 2013, the Planning Commission renewed the Special Use Permit for carwash operations with adoption of Planning Commission Resolution 6-13 (Attachment 2), which is the current resolution regulating the carwash operations. That resolution also extended the expiration date another ten years (until July 23, 2023) and introduced limitations on hours of operations. This renewal request is specific to condition of approval No.8, which states that the “permit shall expire ten years after the date of approval, unless the applicant or applicant’s successor applies for and receives a renewed permit which authorizes the continuation of the activity authorized by this permit.” On May 25, 2023, the current operator submitted Minor Special Use Permit and Coastal Permit applications requesting to renew the permits (Attachment 3). The applicant has not proposed any operating changes or specific requests with these applications other than to renew the permit.
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City staff has received multiple complaints regarding the carwash operations over the years, with complaints specific to noise levels occurring in 2009 (twice), 2013, 2016, and repeatedly between 2021 and 2023.
Carwash operations ceased on the property in 2016 and did not continue for approximately five years. The current carwash operator, Philthy Philz Carwash, began operations in August 2021.
During the building plan check review process and prior to the carwash resuming operations, City staff notified the operator of the history of noise complaints, and suggested they make modifications to minimize noise impacts to neighboring residents.
In September 2022, the City received a complaint about excessive noise, overspray mist, lights, vacuum use after hours, and the rear gate to the alley not being closed and initiated a code enforcement investigation. The neighbor complainants submitted a noise study prepared by Dudek and Associates (Attachment 6) that concluded the carwash operations exceeded the City’s noise standards. A Notice of Violation (NOV) was sent to the operator regarding the excessive noise and cars being stopped over the sidewalk in violation of the Use Permit (Attachment 7). The NOV requested modifications to the equipment and/or operations and for the operator to provide evidence through a noise analysis that they are in compliance. The carwash operator subsequently submitted a noise study on January 2023 prepared by Investigative Science and Engineering, Inc. (ISE, Inc.) that concluded the carwash complied with City noise standards (Attachment 5).
The noise studies submitted by neighbors and the applicant were both prepared by qualified and reputable local noise specialists, but the authors reached opposing conclusions. Consequently, the City commissioned a neutral, third-party noise consultant, RECON, to review the competing studies and prepare an impartial and independent report (Attachment 4). A more detailed analysis of the noise issue is presented later in this report.
On June 13, 2023, the Planning Commission held a public hearing to consider the MSUP and Coastal Permit renewal request. The Planning Commission adopted a resolution denying the requested renewal. On June 23, 2023, the operators appealed the Planning Commission decision to the City Council for consideration.
ANALYSIS:
Operational characteristics of an automated carwash can lead to compatibility issues with nearby properties. Carwash businesses are typically limited to light industrial and commercial-only areas because they can generate excessive noise, including from blower dryers, mechanical equipment, loud exhaust systems, and car stereos, and they can generate traffic, exhaust from idling cars, lighting, and overspray. Due to the potential nuisance impacts of the general operating characteristics of a carwash, a use permit is typically required to allow for conditions of approval or mitigation to be applied to minimize potential impacts to neighbors.
The subject carwash includes two tunnels, accessed from the alley-side of the property, each of which contain a high-pressure water jet system to wash vehicles and blower dryers at the tunnel exit facing C Avenue. There are also vacuums located at the rear of the property near the alley.
The carwash is located on a small lot of approximately 7,400 square feet, immediately adjacent to residential units and other commercial or office uses, has limited queuing areas, and an opendoor design at both the tunnel entrances and exits.
City of Coronado Page 206
Noise from Operations
The September 2022 complaint alleged that the carwash operations exceeded the allowable onehour average sound level of 60 dB(A) set forth in the Coronado Municipal Code (CMC) section
41.10.010, as well as condition of approval 13 in Planning Commission Resolution 6-13.
Accompanying the Request for Investigation was a Technical Noise Memorandum prepared by Dudek (Dudek Report). That Noise Memorandum concluded that the carwash exceeded the 60 dB(A) with measurements up to 76.4 dB(A). See Attachment 6. On November 22, 2022, City staff sent a Notice of Violation to the carwash operator and directed them to modify the operations and/or equipment to reduce the noise level and submit a noise study to show that the noise levels no longer exceed the 60 dB(A) threshold. See Attachment 7.
The carwash operator submitted a noise study prepared by Investigative Science and Engineering, Inc. in January 2023 (ISE Report). That noise study concluded by assuming a maximum of 10 washes per hour that the carwash hourly sound levels were 59.7 dB(A), just under the 60 dB(A) threshold. See Attachment 5.
Due to the two competing noise studies with different results, the City hired an independent thirdparty noise consultant, RECON Environmental, to perform a noise study and analyze the different results of the two noise studies. The results of the RECON noise study concluded that the onehour average sound level of the carwash operations would exceed 60 dB(A) at the property line should there be 2 or more carwashes per hour in either tunnel. See Attachment 4.
RECON opined that the ISE Report showed lower noise emissions because it used a point source noise attenuation formula for what is considered a soft site (soft dirt, grass, scattered bushes and trees) rather than the formula for a hard site (parking lots or smooth bodies of water). Using the formula for a soft site translates to a greater reduction in noise due to distance, thereby resulting in a lower dB(A) reading. Actual site conditions show that the property is a hard site and it was inappropriate to use the formula for a soft site.
Additionally, the ISE report assumed a maximum of 10 carwashes per hour in their analysis, which does not account for busier days when the carwash could accommodate many more vehicles.
The ISE study states that a single carwash cycle takes approximately 120 seconds, which would theoretically allow up to 30 cars per hour per tunnel. However, the RECON Report indicated a single carwash cycle can range from two to five minutes. A five-minute cycle would translate to up to 12 vehicles per hour per tunnel.
Prior to the Planning Commission meeting, the operator submitted additional materials (Attachment 9) which included a letter from ISE in response to the Recon study. This letter from ISE disagrees with the Dudek and Recon reports but concludes with an admission that the carwash can accommodate more than 10 vehicles per hour which would put the carwash over the noise limit using ISE’s own data and formula.
Recon has also provided a response to the ISE letter (Attachment 13). In it they disagree with ISE’s criticism of their study and lay out why their study and calculations are correct, including that their study followed the industry standard and is supported by the Caltrans Technical Noise Supplement to the Traffic Noise Analysis Protocol.
City of Coronado Page 207
Violations of CMC section 41.10.010 (Property Line Noise Limits) CMC section 41.10.010 provides:
A. It shall be unlawful for any person to cause noise by any means to the extent that the one-hour average sound level exceeds the applicable limit given in the following table, at any location in the City of Coronado on or beyond the boundaries of the property on which the noise is produced.
The noise subject to these limits is that part of the total noise at the specified location that is due solely to the action of said person.
TABLE OF APPLICABLE PROPERTY LINE NOISE LIMITS
Land Use Zone Time of Day
One-Hour Average Sound Level (deci
bels)
Residential:
All R-1A; R-1B
7:00 a.m. to 7:00 p.m.
7:00 p.m. to 10:00
p.m.
10:00 p.m. to 7:00
a.m.
50 45
40 All R-3; R-4;
R-PCD; and R-5
7:00 a.m. to 7:00 p.m.
7:00 p.m. to 10:00
p.m.
10:00 p.m. to 7:00
a.m.
55 50
45 Commercial (C); Commercial
Recreation (C-R);
Hotel/Motel (H-M); Civic Use
(C-U); Open Space (OS);
and Parking Overlay (P-1)
7:00 a.m. to 7:00 p.m.
7:00 p.m. to 10:00
p.m.
10:00 p.m. to 7:00
a.m.
60 60
50 It is required that any noise emanating from the carwash adhere to the one-hour average sound level (decibels) for the zone in which the property is located. This property’s zoning is Commercial (C) with a one-hour average sound limit of 60 dB(A). A violation of the City Noise Ordinance would occur any time the carwash exceeded established noise standards, not simply whether it generally complied on an average day as suggested by the ISE report. The Dudek Report showed that carwash operations exceeded 70 dB(A) at various times throughout the day. The RECON Report shows that the carwash operations exceed 60 dB(A) whenever there are two or more carwashes per hour in either tunnel. Moreover, had the ISE study assumed 11 rather than 10 carwashes per hour, using their formula and methodology the report would have also shown that operations exceed the 60 dB(A) threshold.
City of Coronado Page 208
Violations of CMC section 86.55.230.A (Automobile carwash) CMC section 86.55.230.A provides:
An automobile carwash shall be subject to the applicable zoning regulations of this title, subject to the following:
A. All equipment used for the facility shall be soundproofed so that any noise emanating therefrom, as measured from any point on adjacent property, shall be no more audible than the noise emanating from the normal street traffic at a comparable distance; The Municipal Code requires that any noise emanating from the carwash building, as measured from any point on adjacent property, be no more audible than the noise emanating from the normal street traffic at a comparable distance. The carwash property contains a building that houses high-pressure washers and dryer blowers that have been found to operate above the noise level emanating from the normal street traffic as shown in the RECON Report.
Violations of Planning Commission Resolution 6-13; Conditions of Approval for SUP Special Condition of Approval 13 for the SUP for the carwash provides:
The carwash shall comply with City of Coronado Section 41.10.010 of the Coronado Noise Ordinance in that the one-hour average sound level (decibels) shall not exceed 60 decibels between the hours of 7:00 a.m. to 10:00 p.m. Monday through Sunday.
Violations of the City Noise Ordinance are also violations of the conditions of approval for the carwash operations.
Other Issues/Violations
In the time since the City opened a Code Enforcement Case, City staff has been provided numerous emails, photographs and videos showing additional violations of the Use Permit. See Attachments 8 and 12.
One of the repeated violations include cars stopped over the sidewalk while carwash employees hand dry the vehicles, which is prohibited by Condition of Approval 26 in Planning Commission Resolution 6-13 and CMC section 52.04.010. Special Condition of Approval 26 for the SUP for the carwash provides:
OWNER shall prohibit the stopping, waiting, queuing, washing, drying, or detailing of vehicles from blocking any adjacent public right-of-way.
CMC section 52.04.010 also prohibits doing business in the public right-of-way and provides in relevant part:
No person shall place, remove or replace any item within the public right-of-way or on public property nor shall a person do or cause to be done any work in the public right-of-way or on public property covered by this title without first having obtained a permit, a City contract or a franchise right to do so. All activities performed under this title shall be done in accordance with conditions of the required permit, City contract or franchise and shall conform to the approved plans, standard drawings, standard specifications, general provisions and other conditions determined City of Coronado Page 209
by the Director of Public Services as being applicable to the project.
Violations of CMC section 52.04.010 and Special Condition of Approval 26 have been a constant complaint since last fall with photographic evidence provided almost weekly. Although it is impossible to know how long the cars were blocking the sidewalk from the photographs, emails submitted by residents claim the blocking occurs for lengthy periods. The operators reported that they attempted to address this by adding small stop signs on their property and asking their employees to keep cars from blocking the sidewalk.
Another reported violation of Planning Commission Resolution 6-13 relates to the gate at the rear separating the property from the alley. Condition of Approval 14 of Planning Commission Resolution 6-13 requires that this gate be “closed and locked at all times except for use by the owner, operator, or emergency use.” Recent complaints, including photographic evidence, reflect this fence is open for hours at a time, allowing vehicles to exit into the alley from the subject property. See Attachment 8.
Evidence was also submitted to the City that the carwash has operated outside the approved hours of operation set forth in Special Conditions of Approval 9 and 10 of Planning Commission Resolution 6-13. It appears that violations related to after-hours use of the vacuums and water hose is a result of not securing the site when the carwash is closed. Staff has received complaints, including videos, that vehicles will access and use the vacuums after hours, with one vehicle using a water hose to wash off their car. While the operator stated they have installed a timer to prevent the vacuums from operating after hours, they have not prevented access to the property when no employees are on-site. This led to an incident where a Police Officer was called out to the property due to someone using the vacuums after midnight on May 2, 2023. Staff has repeatedly asked the operator to install some type of barrier across the driveway to prevent after-hours access, even something as simple as a chain, but were told that is not possible since there are no employees on-site when the carwash closes.
Another frequent complaint that the City has received is related to overspray mist from the carwash. Staff has investigated this complaint, and although the overspray could be found to be a minor nuisance to pedestrians using the sidewalk, fugitive mist from the carwash does not constitute a measurable discharge that could be considered a stormwater violation under City or State regulations.
While the excessive noise alone is enough to deem the subject carwash incompatible with the neighborhood, the other documented code violations and impacts affecting those living and working in the vicinity contribute to the determination that the business as operated is incompatible with surrounding land uses. Because of this, the proposed findings in the draft resolution (Attachment 1), which are set out in CMC section 86.55.060, highlight these issues and determine that the subject carwash is detrimental to the area, injurious to property or improvements in the area, exceeds the established noise thresholds of the CMC, is incompatible with surrounding land uses, creates a harmful effect on a desirable neighborhood character and environmental quality, and that the site is not suitable for the type and intensity of this carwash use.
In their appeal materials (Attachment 11), the operators state that they believe they are operating in compliance with their use permit and its conditions of approval. However, the City received multiple photographs after the June 13, 2023 Planning Commission hearing showing what appear to be continued violations of vehicles blocking the sidewalk, sometimes while being dried by a carwash employee. These photographs are shown in Attachment 12.
City of Coronado Page 210
The appeal materials also state that the operators and their noise expert believe that replacing the gravel ground cover in front of the car wash with synthetic turf will make certain that the 60 dBA level is never violated. This appears to be an attempt to modify the noise formula to reach a desired outcome without reducing noise or its impacts to neighbors, and in staff’s opinion, is not an effective or acceptable form of mitigation. Furthermore, any officially proposed modifications to the carwash submitted with a new application would need to be thoroughly reviewed under the California Environmental Quality Act.
Information received from the applicant is included in Attachments 9 and 11.
Coastal Development Permit
A Coastal Development Permit is also required for all development involving an MSUP in accordance with CMC Chapter 86.70. The project site is located in the coastal zone, but outside the coastal appeal zone. The purpose of the Coastal Development Permit (CP 2023-04) is to ensure that development is consistent with the City of Coronado Local Coastal Program, Land Use Plan, and Local Coastal Policies. The carwash operations do not comply with all the policies, goals, and standards of the City of Coronado’s adopted Local Coastal Program, and Coronado Municipal Code due to the excessive noise and blocking of the public rights-of-way. However, the proposed project will not have a significant adverse effect either individually or cumulatively on coastal resources or on public access to, or along, the coast as it is an existing carwash facility located approximately 800 feet from the mean high tide.
FISCAL IMPACT:
None.
ALTERNATIVE:
The Council could direct staff to complete an environmental analysis for future consideration of a permit renewal application.
CALIFORNIA ENVIRONMENTAL QUALITY ACT:
Non-renewal of the Minor Special Use Permit is exempt from environmental review pursuant to Section 15270 of the CEQA Guidelines, Projects which are Disapproved (14 CCR § 15270).
Should the City Council desire to renew the Minor Special use Permit, the applications would require a complete CEQA analysis first. An application fee would be required to prepare an initial study under CEQA and determine what level of environmental review would be needed for this project based on the noise and other potential environmental impacts. In the meantime, the carwash would need to cease operations until the CEQA analysis is complete and the City approves the appropriate environmental documents and a permit extension.
PUBLIC NOTICE:
Notice of this public hearing was published in the Coronado Eagle & Journal on July 5, 2023 and mailed to all property owners within 300 feet and all occupants within 100 feet of the project site.
ATTACHMENTS:
1. Draft Resolution
2. Planning Commission Resolution 6-13
3. Applications for Renewal of MSUP and Coastal Development Permit
4. RECON Noise Report
5. ISE, Inc. Noise Report
6. Dudek Noise Report
City of Coronado Page 211
7. Notice of Violation
8. Complaints from residents with photographs
9. Information received from the Applicant Prior to Planning Commission Hearing
10. Written Comments received for Planning Commission Hearing
11. Appeal Materials
12. Complaints Received after the Planning Commission Hearing
13. RECON June 13, 2023 letter
Submitted By: Community Development Department / Jesse Brown City of Coronado Page 212
Attachment 1
RESOLUTION NO. 2023-31
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CORONADO, CALIFORNIA, DENYING AN APPEAL OF THE
PLANNING COMMISSION’S DECISION TO DENY A REQUEST
FOR A MINOR SPECIAL USE PERMIT AND COASTAL
DEVELOPMENT PERMIT FOR THE CONTINUATION OF THE
CARWASH OPERATIONS AT 150 C AVENUE IN THE
COMMERCIAL ZONE OF THE ORANGE AVENUE CORRIDOR
SPECIFIC PLAN
on July 23, 2013, the City of Coronado Planning Commission adopted Planning Commission Resolution 6-13 approving the renewal of a Minor Special Use Permit to allow for the continued operation of the carwash facility at 150 C Avenue, which included a condition of approval requiring the applicant or their successor to apply for and receive a renewed permit authorizing the continuation of carwash activities within ten years; and WHEREAS, on September 1, 2022, the City received a request for investigation regarding the carwash operations that included a noise study prepared by Dudek and Associates that concluded the carwash operations exceeded the allowable one-hour average sound level of 60 dB(A) found in Coronado Municipal Code Section 41.10.010 and Planning Commission Resolution 6-13 and subsequently sent a Notice of Violation to the carwash operator; and WHEREAS, the carwash operator submitted a noise study prepared by Investigative Science and Engineering, Inc. (ISE, Inc.), on January 15, 2023 that showed the carwash could accommodate up to 10 washes per hour and not exceed the one-hour average sound level of 60 dB(A); and
WHEREAS, RECON Environmental prepared a noise study for the City, dated May 25, 2023, showing that the operations would exceed the one-hour average sound level of 60 dB(A) should there be two or more carwashes per hour in either tunnel; and WHEREAS, video and photographic evidence was continually submitted to the City showing other violations of Planning Commission Resolution 6-13 including cars stopped over the sidewalk, the rear gate to the alley being left open, and after-hours use of the facility; and WHEREAS, Government Code section 38771 provides that a city legislative body may declare what constitutes a nuisance by ordinance; and
WHEREAS, Section 1.08.030(B) of the Coronado Municipal Code (“CMC”) declares any violation of any regulatory provision of the CMC to constitute a public nuisance; and WHEREAS, on May 25, 2023, Phillip Provenzano of Philthy Philz Carwash (the “Applicant”) applied to the City of Coronado to renew a Minor Special Use Permit (PC 2023-05) City of Coronado Page 213
Attachment 1
and Coastal Development Permit (CP 2023-04) to continue operations of the existing carwash facility located at 150 C Avenue in the Commercial (C) Zone of the Orange Avenue Corridor Specific Plan (OACSP); and
WHEREAS, on June 13, 2023, the Planning Commission of the City of Coronado did, pursuant to Section 66854 of the California Government Code, hold a Public Hearing on the Minor Special Use Permit and Coastal Development Permit renewal request, at which time all persons desiring to be heard were heard at said hearing, and voted to deny the Minor Special Use Permit and Coastal Development Permit renewal request; and WHEREAS, on June 23, 2023, Phil and Amity Provenzano of Philthy Philz Carwash submitted a timely appeal of the Planning Commission decision to deny the Minor Special Use Permit and Coastal Development Permit; and
WHEREAS, on July 18, 2023, the City Council of the City of Coronado did, pursuant to Section 66854 of the California Government Code, hold a Public Hearing on the appeal of the Planning Commission’s decision to deny the Minor Special Use Permit and Coastal Development Permit renewal request, at which time all persons desiring to be heard were heard at said hearing; and
WHEREAS, at the public hearing on July 18, 2023, the City Council of the City of Coronado heard and considered all evidence that was submitted, including without limitation:
A. Noise reports conducted by Dudek and Associates, ISE, Inc. and RECON; B. Emails, photographs and videos submitted to the City regarding the carwash operations;
C. All documentation associated with the Minor Special Use Permit and Coastal Development Permit (PC 2023-05, CP 2023-04), its related staff report, and all material submitted either in writing or verbally at or before the Planning Commission public hearing for said application;
D. All documents and information submitted by the appellant as part of the appeal; and E. Oral testimony from staff, applicant/appellant, and members of the public made a part of the public record at said Planning Commission and City Council public hearings.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Coronado that the above recitals are determined to be true and correct and are incorporated herein as findings.
NOW, THEREFORE, BE IT FURTHER RESOLVED by the City Council of the City of Coronado that the renewal of the carwash as proposed would violate CMC sections 41.10.010 and 86.55.230. A should there be two or more carwashes per hour and cause disturbing, excessive, or offensive noise that causes discomfort or annoyance to reasonable persons of normal sensitiveness residing or working in the area.
City of Coronado Page 214
Attachment 1
NOW, THEREFORE, BE IT FURTHER RESOLVED by the City Council of the City of Coronado that the appeal of the Planning Commission’s decision to deny the request for renewal of a Minor Special Use Permit (PC 2023-05) is hereby denied, and that the denial is consistent with CMC section 86.55.060 and is based on the following findings, which are hereby found and determined by the City Council:
1. Is the use as proposed detrimental to the health, safety, or general welfare of persons residing or working in the vicinity?
Yes. The proposed project will adversely affect the health, safety or general welfare of persons residing or working in the vicinity if existing carwash operations were allowed to continue.
No proposed changes to operations or equipment were included with the renewal request, and carwash operations would therefore continue to exceed the one-hour average noise limit of 60 dB(A) in violation of CMC sections 41.10.010 and 86.55.230. A should there be two or more carwashes per hour, as well as continue to block the sidewalk while vehicles are being dried in violation of CMC section 52.04.010, allow vehicles to enter and exit through the alley, and not prevent after-hours access to the site including the use of vacuums and water hose.
2. Is the use as proposed injurious to property or improvements in the vicinity? Yes. The use, as proposed, will be injurious to property or improvements in the vicinity, as the operations, including noise levels that exceed the CMC noise limits, blocking of public rightsof-way, and after-hours access to and use of the property, all negatively impact the adjacent properties and violate the City’s Municipal Code.
3. Is the use as proposed consistent with the General Plan, any applicable specific plan, or a zoning regulation?
No. A carwash is an allowed use in the Commercial zone with a Minor Special Use Permit and has been permitted on the site since 1993. However, as detailed in the Noise Report prepared by RECON Environmental Services, operations exceed the one-hour average 60dB(A) threshold allowed under CMC section 41.10.010 should there be two or more car washes per hour. Due to the excessive noise that can be in excess of 70dB(A) at some points, the current carwash operations are inconsistent with the noise limits found in Coronado Municipal Code Sections
41.10.010 and 86.55.230(A) and Planning Commission Resolution 6-13.
4. Will the location or operating characteristics of the proposed use be incompatible with, or will adversely affect or will be materially detrimental to impacted uses, residences, buildings, structures or natural resources?
Yes. The location and operating characteristics of the carwash is incompatible with and will adversely affect or be materially detrimental to adjacent impacted uses, residences, buildings, structures, or natural resources. The carwash has been operating under new ownership since August 2021 with new carwash equipment, including pressurized water jets and blower dryers. A City of Coronado Page 215
Attachment 1
City-initiated noise study conducted by RECON Environmental on May 9, 2023 showed that carwash operations exceed the applicable noise limits thereby creating adverse effects on the adjacent residential units. The excessive noise along with the periodic blocking of the sidewalk, allowing vehicles to enter and exit through the alley, and not preventing after-hours access to the site, is incompatible with and detrimental to the adjacent residences and business found in the area, as is the blocking of the public rights-of-way.
5. Are there inadequate public facilities, services and utilities to serve the proposed use? No. The public facilities, services, and utilities are adequate to serve the carwash operations.
6. Is there a harmful effect upon a desirable neighborhood character? Yes. The carwash has demonstrated its operations inflict a harmful effect on a desirable neighborhood character and subject the area surrounding it to excessive noise on a daily basis as well as the blocking of the public rights-of-way. Therefore, approval of this project would produce a harmful effect on a desirable neighborhood character, which is the right to peaceful enjoyment of property and to walk on the sidewalk.
7. Does the capacity and physical character of surrounding streets have the ability to safely accommodate traffic that will be generated by the proposed use? Yes. The continued operations of the carwash will not result in a significant change in traffic conditions along the surrounding streets or intersections since the use already exists and has not created significant traffic impacts. Therefore, renewal of the Minor Special Use Permit will not impact the streets’ ability to safely accommodate traffic generated by the carwash.
8. Is the site suitable for the type or intensity of use which is proposed? No. The site has proven to not be suitable for the type and intensity of use associated with an automated carwash. The use of a pressurized water jet system and dryer blowers cause the established noise limits to be exceeded with as little as two car washes per hour, according to the RECON Environmental Noise Report. In staff observations, as well as information on the anticipated number of washes in the ISE Noise study, more than two cars use the carwash per hour during daytime hours, which in turn creates excessive noise in violation of the CMC for adjacent properties. While there does seem to be adequate queuing onsite for customer’s vehicles, there is not enough space within the existing building to accommodate mufflers to reduce the noise level of the blowers, according to the operator. Due to the number of washes that occur and the noise associated with each wash cycle, the type and intensity of the carwash use is not suited for the subject property or its surroundings. The carwash’s continued use of public rights-of-way for its operations also shows it is not a type of use suited for the site.
City of Coronado Page 216
Attachment 1
9. Is there any harmful effect upon the environmental quality and natural resources of the City?
Yes. The requested renewal of the Minor Special Use Permit will have a significant effect on the environment as it will be the source of excessive noise in the vicinity of residents and workers, as outlined in the RECON Environmental Noise Report and would violate the City’s noise ordinance.
NOW, THEREFORE, BE IT FURTHER RESOLVED that since the City Council, after due consideration and in a Public Hearing denied the Minor Special Use Permit Renewal request, and since all Coronado Minor Special Use Permits require issuance of a Coastal Development Permit, the City Council does hereby deny the related request for a City of Coronado Coastal Development Permit (CP2023-04) based on the following findings, which are hereby made:
1. The carwash operations do not comply with all the policies, goals, and standards of the City of Coronado’s adopted Local Coastal Program and Coronado Municipal Code due to excessive noise and blocking of public rights-of-way; and
2. The carwash operations, will not impact access to or along the coast nor damage coastal resources as it is located approximately 800 feet from the mean high tide and is an existing building.
PASSED, ADOPTED, AND APPROVED by the City Council of the City of Coronado, California, at a regular meeting thereof this Eighteenth Day of July, 2023 by the following vote to wit:
AYES:
NAYS:
ABSTAIN:
ABSENT:
APPROVED:
____________________________________
RICHARD BAILEY, Mayor of the
City of Coronado, California
ATTEST:
__________________________________
KELSEA HOLIAN, City Clerk of the
City of Coronado, California
City of Coronado Page 217
Attachment 2
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Attachment 2
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Attachment 2
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Attachment 2
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Attachment 4
An Employee-Owned Company
May 25, 2023
Mr. Jesse Brown
Senior Planner
City of Coronado
Community Development Department
1825 Strand Way
Coronado, CA 92118
Reference: Philthy Philz Car Wash Noise Compliance (RECON Number 9641-1) Dear Mr. Brown:
RECON Environmental, Inc. (RECON) has been retained to conduct noise measurements at the Philthy Philz Car Wash located at 150 C Avenue in the city of Coronado in order to determine compliance with its Special Use Permit and the provisions provided in the Coronado Municipal Code. Based on the data collected at the car wash facility and methodology detailed in this report, two car washes or more per hour result in an exceedance of the noise level limit at the property lines. The following is a summary of the methodology and results.
Project Background
The project site was originally developed into a self-service car wash and detailing facility in 1993 and is currently subject to conditions identified within the project’s Special Use Permit PC2013-03 and Planning Commission Resolution 6-13 dated July 23, 2013. A noise measurement study conducted by Dudek (contracted by a resident at the neighboring residential building) and summarized in a memorandum dated September 1, 2022 concluded the noise levels generated by the facility violated the noise level limits specified in the Special Use Permit. This study is referred to as the Dudek Study in this analysis. The project operator received a Notice of Violation from the City of Coronado (City) on November 22, 2022, indicating violations of the Special Use Permit. A subsequent noise measurement study conducted by Investigative Science and Engineering, Inc. (ISE) (contracted by the facility operator) and summarized in a memorandum dated January 15, 2023, concluded the noise levels generated by the facility do not violate the noise level limits. This study is referred to as the ISE Study in this analysis. The City has, therefore, retained RECON as a neutral third-party consultant to conduct an additional noise measurement study, which is summarized in this letter.
Project Location and Description
The project site is located at 150 C Avenue in the city of Coronado. Figure 1 shows the regional location. Figure 2 shows an aerial photograph of the project site and vicinity. The project site is bounded by a three-story mixed-use building to the north consisting of ground floor commercial uses and upper floor multi-family residential uses, commercial uses to the east including a grocery store and medical offices, commercial uses to the south including a medical office and fitness center, and commercial and residential uses to the west including a grocery store and a mixed-use building consisting of ground floor commercial uses and upper floor multi-family residential uses. Vehicles enter the project site from C Avenue to the east, travel to the back of the site near the alley where vacuums are located, and then enter one of two tunnels. For the purposes of this analysis, the southern tunnel is referred to as Tunnel 1 and the northern tunnel is referred to as Tunnel 2. Vehicles remain stationary in the tunnels while the wash cycle is conducted, and then exit the tunnels through an automated blower system, and park just outside the tunnels while vehicles are hand dried. Vehicles then exit the project site via C Avenue. 3111 Camino del Rio North, Suite 600, San Diego, CA 92108-5726 | 619.308.9333 | reconenvironmental.com SAN DIEGO OAKLAND | | TUCSON
City of Coronado Page 224
Attachment 4
Mr. Jesse Brown
May 25, 2023
Noise Descriptors and Terminology
Sound levels are described in units called the decibel (dB). Decibels are measured on a logarithmic scale that quantifies sound intensity in a manner similar to the Richter scale used for earthquake magnitudes. Thus, a doubling of the energy of a noise source, such as doubling of traffic volume, would increase the noise level by 3 dB; a halving of the energy would result in a 3 dB decrease. Additionally, in technical terms, sound levels are described as either a “sound power level” or a “sound pressure level,” which while commonly confused, are two distinct characteristics of sound.
Both share the same unit of measure, the dB. However, sound power, expressed as Lpw, is the energy converted into sound by the source. The Lpw is used to estimate how far a noise will travel and to predict the sound levels at various distances from the source. As sound energy travels through the air, it creates a sound wave that exerts pressure on receivers such as an eardrum or microphone and is the sound pressure level. Noise measurement instruments only measure sound pressure, and noise level limits used in standards are generally sound pressure levels.
The human ear is not equally sensitive to all frequencies within the sound spectrum. To accommodate this phenomenon, the A-scale, which approximates the frequency response of the average young ear when listening to most ordinary everyday sounds, was devised. When people make relative judgments of the loudness or annoyance of a sound, their judgments correlate well with the A-scale sound levels of those sounds. Therefore, the “Aweighted” noise scale is used for measurements and standards involving the human perception of noise. Noise levels using A-weighted measurements are designated with the notation dB(A).
The impact of noise is not a function of loudness alone. The time of day when noise occurs and the duration of the noise are also important. In addition, most noise that lasts for more than a few seconds is variable in its intensity.
Consequently, a variety of noise descriptors have been developed. The noise descriptors used for this study are the one-hour equivalent noise level (Leq) and the sound exposure level (SEL). The SEL is a noise level over a stated period of time or event and normalized to one second.
Noise sources considered in this analysis are stationary and are considered point sources. Sound from a small, localized point source radiates uniformly outward as it travels away from the source in a spherical pattern, known as geometric spreading. The sound level decreases or drops off at a rate of 6 dB(A) for each doubling of the distance.
The propagation of noise is also affected by the intervening ground, known as ground absorption. A hard site (such as parking lots or smooth bodies of water) receives no additional ground attenuation, and the changes in noise levels with distance (drop-off rate) are simply the geometric spreading of the source. A soft site (such as soft dirt, grass, or scattered bushes and trees) receives an additional ground attenuation value of 1.5 dB(A) per doubling of distance.
Thus, a point source over a soft site would attenuate at 7.5 dB(A) per doubling of distance. The project site is largely paved and surrounded by buildings and is, therefore, considered a hard site.
Applicable Regulations
Coronado Municipal Code (CMC) 41.10.010A sets the following average hourly noise limits for property boundaries within commercially-zoned (“C”) land uses:
•
•
•
60 dB(A) Leq during the daytime hours (7:00 a.m. to 7:00 p.m.) 60 dB(A) Leq during the evening hours (7:00 p.m. to 10:00 p.m.) 50 dB(A) Leq during the nighttime hours (10:00 p.m. to 7:00 a.m.) City of Coronado Page 225
Attachment 4
Mr. Jesse Brown
May 25, 2023
Additionally, CMC 41.10.010 clarifies that “the noise subject to these limits is that part of the total noise at the specified location that is due solely to the action of said person.” Therefore, the assessed noise for purposes of compliance with this standard is not the total sound level detected by a qualifying sound level meter that includes non-facility activity and facility activity acoustical contributors, it is only the latter: the aggregate of sound emission from and caused by the car wash facility only.
Furthermore, and consistent with CMC, the Special Use Permit for the facility includes Standard Condition #13 as follows: “The car wash shall comply with City of Coronado Section 41.10.010 of the Coronado Noise Ordinance in that the one-hour average sound level (decibels) shall not exceed 60 decibels between the hours of 7:00 a.m. to 10:00 p.m. Monday through Sunday.” This noise level limit is applicable at the property lines.
Noise Measurement Methodology and Results
Existing noise levels at and adjacent to the project site were measured on May 9, 2023, using four Larson-Davis LxT Sound Expert Sound Level Meters, serial numbers 3897, 3828, 3829, and 3898. The following parameters were used:
Filter:
Response:
A-weighted
Slow
Time History Period: 1 second
The meters were calibrated before and after the measurements. The meters were set 5 feet above the ground level to represent the average height of the human ear, which is industry standard. The weather was warm and partly cloudy with a slight breeze. The measurement locations are shown on Figure 3. Summary measurement data is provided in Attachment 1. Noise calculations are provided in Attachment 2.
All measurements were located at the car wash property lines. Measurement 1 was located at the southeast corner of the site at the property line between the car wash facility and the neighboring medical office. Measurement 2 was located at the eastern property line between the car wash facility and the sidewalk. Measurement 3 was located at the northeast corner of the site at the property line between the car wash facility and the neighboring residential use.
Measurement 4 was located at the western property line between the car wash facility and the alley.
During the measurement period, sources of noise at the eastern property line included car wash operations (blowers, water jets, and vacuums), vehicle traffic on C Avenue, military aircraft overflights, and pedestrians. Additional sources of noise at the western property line included activities at the neighboring fitness center and grocery store including weights, bailer/compactor noise, and voices. No loading/unloading activities were observed during the measurement period.
Overall measured noise levels at the meter locations ranged from 64.4 to 71.9 dB(A) Leq from all sources of noise. In order to obtain meaningful data, detailed notes of each observed noise source were taken and the exact time and duration of each noise event was noted using stop watches that were synced to the noise meter internal clocks. Each noise meter recorded a noise level at one-second intervals. With this approach, the noise data associated with car wash activities and non-car wash activities could be isolated.
As discussed, overall measured noise levels exceed 60 dB(A) Leq, but not all noise is attributed to the car wash.
Therefore, a simple monitoring survey using the overall measured noise levels cannot be conducted since total community noise exceeds the noise level limit. The existing ambient noise level without any car wash activity at each measurement location was determined by removing all time periods from the measurement data that included a car City of Coronado Page 226
Attachment 4
Mr. Jesse Brown
May 25, 2023
wash noise source. The remaining measurement data was then averaged to determine the ambient noise level. The results are summarized in Table 1.
Table 1
Ambient Noise Levels with and without Car Wash Activity [dB(A) Leq]
Ambient Noise Level Ambient Noise Level
Measurement Location with Car Wash Activities without Car Wash Activities 1 2
3 4
69.3 71.9
68.5 64.4
59.7 60.4
59.5 57.8
SOURCE: Attachment 2.
dB(A) = A-weighted decibel; Leq = one-hour equivalent noise level As shown, ambient noise levels without any car wash activity are approximately 58 to 60 dB(A) Leq. This includes all other sources of community noise, traffic noise, and aircraft noise. Note that the ambient noise level has been subtracted from all noise levels summarized in the remainder of this analysis, resulting in reported noise levels that are due to car wash activities only.
The next step in determining the noise attributed to car wash activities was to isolate the data associated with the car wash. The observed car wash cycle times ranged from two to five minutes per wash, depending on the type of wash selected. Each observed wash cycle consisted of three main noise events that were very clearly audible above the ambient noise environment: (1) cycle one pressurized water jets that lasted approximately 42 to 46 seconds, (2) cycle two pressurized water jets that lasted approximately 17 to 21 seconds, and (3) blower noise that lasted approximately 18 to 33 seconds depending on how fast each car exited the tunnel. Cars then pulled out of the tunnel and were hand dried. Based on an observed sampling of car wash cycles, noise levels due to each of these main events were averaged and the ambient noise level without any car wash activity was logarithmically subtracted to obtain a noise level associated with car wash activities only at each measurement location. The resulting noise level and duration of each noise event were used to calculate an SEL using the following equation:
ꢀꢁꢂ = ꢂꢃꢄ + 10 × ꢂꢅꢆ(ꢇꢈꢉꢊꢋꢌꢇ)
The duration, average noise level, and SEL at each location are summarized in Table 2.
Table 2
Car Wash Noise Events
Measurement
Location 1
Measurement
Location 2
Measurement
Location 3
Measurement
Duration Location 4
(seconds)
43.75 19.5
Noise Event Leq SEL
90.1 87.6
92.3 81.9
79.9 86.8
Leq SEL
84.2 81.5
87.1 95.4
92.1 94.3
Leq SEL
79.8 76.4
84.1 89.6
86.3 91.9
Leq SEL
82.4 78.3
85.7 84.9
81.5 86.3
Tunnel 1 – Water Cycle 1
Tunnel 1 – Water Cycle 2
Tunnel 1 – Blower
Tunnel 2 – Water Cycle 1
Tunnel 2 – Water Cycle 2
Tunnel 2 – Blower
73.7 74.7
78.5 65.5
67.5 73.2
67.8 68.6
73.3 78.9
79.7 80.8
63.4 63.5
70.3 73.2
73.8 78.4
66.0 65.4
71.9 68.4
69.0 72.8
24 44.5
17.5 22.5
SOURCE: Attachment 2.
Leq = one-hour equivalent noise level; SEL = sound exposure level City of Coronado Page 227
Attachment 4
Mr. Jesse Brown
May 25, 2023
Measurement 1 was located 24 feet from the Tunnel 1 exit and Measurement 2 was located 22 feet from the Tunnel 2 exit. Each measurement location had an unobstructed/unshielded line of sight between the noise meter and its respective car wash tunnel. These two noise meters were located closest to the car wash noise source and, therefore, measured the loudest car wash noise levels. Measurement 3 was located at the nearest residential property line, 51 and 29 feet from the center of Tunnel 1 and Tunnel 2 exits, respectively, with slightly obstructed views of the noise sources due to the tunnel structure. Car wash noise levels at Measurement 3 are attenuated due to two factors: (1) distance and (2) shielding.
Stationary source noise levels attenuate at a rate of 6 dB(A) per doubling of distance and are calculated using the following equation:
ꢎ1
ꢍ = ꢍ + 20 × ꢂꢅꢆ
2 1 ꢎ2
where,
N2 = noise level at desired distance
N1 = noise level at reference distance
D1 = reference distance
D2 = desired distance
Based on this calculation, the anticipated reduction in noise due to distance between Tunnel 1 and the residential property line is -6.5 dB(A) and the anticipated reduction in noise due to distance between Tunnel 2 and the residential property is -2.4 dB(A). Based on the measured car wash only noise levels at the residential property line (obtained after subtracting ambient noise), additional noise reductions were observed due to shielding from the car wash tunnel building itself. More reduction was observed during the pressurized water jet noise events than the blower noise events because the water jets are located within the tunnel while the blowers are located at the exit. No shielding-related noise reduction was observed between the residential property line and the Tunnel 2 blower because there is a direct line of sight between the two. This shows that the measured conditions align well with the anticipated distance noise attenuation. The average observed noise reductions between the noise event and the residential property line are summarized in Table 3.
Table 3
Distance and Shielding Noise Reductions
Measured
Difference
Between Distance Distance
Measurement
Location 1 or 2*
and Residential
Between Tunnel Between Tunnel
and
Measurement
and Residential
Property Line
Noise Noise
Attenuation due Attenuation due
Noise Event Property Line (dB) Location (feet) (feet) to Distance (dB) to Shielding (dB) Tunnel 1 – Water Cycle 1
Tunnel 1 – Water Cycle 2
Tunnel 1 – Blower
Tunnel 2 – Water Cycle 1
Tunnel 2 – Water Cycle 2
-10.3
-11.2
-8.2
-5.7
-5.9
-2.4
24 24
24 22
22 22
51 51
51 29
29 29
-6.5
-6.5
-6.5
-2.4
-2.4
-2.4
-3.7
-4.7
-1.6
-3.3
-3.5
Tunnel 2 – Blower -0.0
SOURCE: Attachment 2.
*Measurement location 1 was used for evaluating noise from Tunnel 1 and Measurement location 2 was used for evaluating noise from Tunnel 2. dB = decibel
City of Coronado Page 228
Attachment 4
Mr. Jesse Brown
May 25, 2023
Lastly, a total SEL for one car wash cycle consisting of two pressurized water jet cycles and one blower cycle was calculated by logarithmically adding the SELs for each noise event. The noise levels at the property lines take into account reductions due to distance and shielding. The noise levels based on the number of washes per hour at the nearest property lines are summarized in Tables 4 and 5.
Table 4
Car Wash Noise Levels Based on Washes Per Hour – Tunnel 1 Blowers and Two Water Cycles per Wash
Average Hour Noise Level at
Number of Washes Tunnel 1 Control Point Average Hour Noise Level at Average Hour Noise Level at per Hour (Measurement Location 1) Medical Office Property Line Residential Property Line 1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 59.6
62.6 64.4
65.6 66.6
67.4 68.1
68.6 69.1
69.6 70.0
70.4 70.7
71.1 59.6
62.6 64.4
65.6 66.6
67.4 68.1
68.6 69.1
69.6 70.0
70.4 70.7
71.1 50.4
53.4 55.2
56.4 57.4
58.2 58.9
59.5 60.0
60.4 60.8
61.2 61.6
61.9 71.4 71.4 62.2
SOURCE: Attachment 2.
Note: Calculations for Tunnel 1 are based on control point measurements taken at Measurement Location 1 because it was the closest to Tunnel 1 with an unobstructed line of sight. Note that this location is the same as the medical office property line.
Bold = Exceeds 60 dB(A) Leq at property line.
City of Coronado Page 229
Attachment 4
Mr. Jesse Brown
May 25, 2023
Table 5
Car Wash Noise Levels Based on Washes Per Hour – Tunnel 2 Blowers and Two Water Cycles per Wash
Average Hour Noise Level at
Number of Tunnel 2 Control Point Average Hour Noise Level at Average Hour Noise Level at Washes per Hour (Measurement Location 2) Medical Office Property Line Residential Property Line 1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 63.3
66.3 68.1
69.4 70.3
71.1 71.8
72.4 72.9
73.3 73.7
74.1 74.5
74.8 75.1
53.1 56.1
57.8 59.1
60.0 60.8
61.5 62.1
62.6 63.1
63.5 63.9
64.2 64.5
64.8 59.0
62.0 63.8
65.1 66.0
66.8 67.5
68.1 68.6
69.0 69.4
69.8 70.2
70.5 70.8
SOURCE: Attachment 2.
Note: Calculations for Tunnel 2 are based on control point measurements taken at Measurement Location 2 because it was the closest to Tunnel 2 with an unobstructed line of sight.
Bold = Exceeds 60 dB(A) Leq at property line.
As specified in the project’s Special Use Permit, the applicable noise level limit at all property lines is an average hourly noise level of 60 dB(A) Leq. As shown in Table 4, the car wash only noise levels at the property line closest to Tunnel 1, which is represented by Measurement Location 1 at the adjacent medical office, would exceed 60 dB(A) Leq should there be two or more car washes in Tunnel 1. As shown in Table 5, the car wash only noise levels at the nearest residential property line would exceed 60 dB(A) Leq should there be two or more car washes in Tunnel 2.
Noise levels were also calculated without use of the blowers. The noise levels at the property lines assuming two water jet cycles and no blowers are summarized in Tables 6 and 7. As shown, without use of the blowers, noise levels at the medical office property line would exceed 60 dB(A) Leq should there be three or more car washes in Tunnel 1, and noise levels at the residential property line would exceed 60 dB(A) Leq should there be three or more car washes in Tunnel 2.
City of Coronado Page 230
Attachment 4
Mr. Jesse Brown
May 25, 2023
Table 6
Car Wash Noise Levels Based on Washes Per Hour – Tunnel 1 No Blowers/Two Water Cycles per Wash
Average Hour Noise Level at
Number of Washes Tunnel 1 Control Point
(Measurement Location 1)
Average Hour Noise Level at Average Hour Noise Level at per Hour Medical Office Property Line Residential Property Line 1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 56.5
59.5 61.2
62.5 63.5
64.2 64.9
65.5 66.0
66.5 66.9
67.3 67.6
67.9 68.2
56.5 59.5
61.2 62.5
63.5 64.2
64.9 65.5
66.0 66.5
66.9 67.3
67.6 67.9
68.2 45.9
48.9 50.6
51.9 52.8
53.6 54.3
54.9 55.4
55.9 56.3
56.7 57.0
57.3 57.6
SOURCE: Attachment 2.
Note: Calculations for Tunnel 1 are based on control point measurements taken at Measurement Location 1 because it was the closest to Tunnel 1 with an unobstructed line of sight. Note that this location is the same as the medical office property line.
Bold = Exceeds 60 dB(A) Leq at property line.
City of Coronado Page 231
Attachment 4
Mr. Jesse Brown
May 25, 2023
Table 7
Car Wash Noise Levels Based on Washes Per Hour – Tunnel 2 No Blowers/Two Water Cycles per Wash
Average Hour Noise Level at
Number of Washes Tunnel 2 Control Point
(Measurement Location 2)
Average Hour Noise Level at Average Hour Noise Level at per Hour Medical Office Property Line Residential Property Line 1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 61.5
64.6 66.3
67.6 68.5
69.3 70.0
70.6 71.1
71.5 72.0
72.3 72.7
73.0 73.3
49.4 52.4
54.1 55.4
56.4 57.2
57.8 58.4
58.9 59.4
59.8 60.2
60.5 60.8
61.1 55.9
58.9 60.7
61.9 62.9
63.7 64.3
64.9 65.4
65.9 66.3
66.7 67.0
67.3 67.6
SOURCE: Attachment 2.
Note: Calculations for Tunnel 2 are based on control point measurements taken at Measurement Location 2 because it was the closest to Tunnel 2 with an unobstructed line of sight.
Bold = Exceeds 60 dB(A) Leq at property line.
The noise levels at the property lines assuming one water jet cycle and no blowers are summarized in Tables 8 and 9.
As shown, without use of the blowers, noise levels at the medical office property line would exceed 60 dB(A) Leq should there be four or more car washes in Tunnel 1, and noise levels at the residential property line would exceed 60 dB(A) Leq should there be four or more car washes in Tunnel 2.
City of Coronado Page 232
Attachment 4
Mr. Jesse Brown
May 25, 2023
Table 8
Car Wash Noise Levels Based on Washes Per Hour – Tunnel 1 No Blowers/One Water Cycle per Wash
Average Hour Noise Level at
Number of Washes Tunnel 1 Control Point
(Measurement Location 1)
Average Hour Noise Level at Average Hour Noise Level at per Hour Medical Office Property Line Residential Property Line 1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 54.5
57.5 59.3
60.5 61.5
62.3 63.0
63.5 64.0
64.5 64.9
65.3 65.6
66.0 66.3
54.5 57.5
59.3 60.5
61.5 62.3
63.0 63.5
64.0 64.5
64.9 65.3
65.6 66.0
66.3 44.2
47.2 49.0
50.2 51.2
52.0 52.7
53.3 53.8
54.2 54.6
55.0 55.4
55.7 56.0
SOURCE: Attachment 2.
Note: Calculations for Tunnel 1 are based on control point measurements taken at Measurement Location 1 because it was the closest to Tunnel 1 with an unobstructed line of sight. Note that this location is the same as the medical office property line.
Bold = Exceeds 60 dB(A) Leq at property line.
City of Coronado Page 233
Attachment 4
Mr. Jesse Brown
May 25, 2023
Table 9
Car Wash Noise Levels Based on Washes Per Hour – Tunnel 2 No Blowers/One Water Cycle per Wash
Average Hour Noise Level at
Number of Washes Tunnel 2 Control Point
(Measurement Location 2)
Average Hour Noise Level at Average Hour Noise Level at per Hour Medical Office Property Line Residential Property Line 1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 59.9
62.9 64.6
65.9 66.9
67.7 68.3
68.9 69.4
69.9 70.3
70.7 71.0
71.3 71.6
47.4 50.4
52.2 53.4
54.4 55.2
55.8 56.4
56.9 57.4
57.8 58.2
58.5 58.8
59.1 54.3
57.3 59.0
60.3 61.2
62.0 62.7
63.3 63.8
64.3 64.7
65.0 65.4
65.7 66.0
SOURCE: Attachment 2.
Note: Calculations for Tunnel 2 are based on control point measurements taken at Measurement Location 2 because it was the closest to Tunnel 2 with an unobstructed line of sight.
Bold = Exceeds 60 dB(A) Leq at property line.
Comparison of Results
The noise measurement study conducted by RECON and summarized in this analysis produced results that differ from the previous two studies conducted at the facility.
The Dudek Study concluded that facility noise levels exceed the property line noise level limits. The main differences between this analysis and the Dudek Study are that Dudek collected measurements at the balconies of the adjacent units and used an L90 methodology to isolate the car wash noise levels. The L90 metric is a statistical descriptor of the sound level exceeded 90 percent of the time during a measurement period, and is considered to represent the background noise without the source in question. The Dudek Study established the ambient noise level using the L90 metric while this analysis established the existing ambient noise level without any car wash activity by removing all time periods from the measurement data that included a car wash noise source.
The ISE Study concluded that facility noise levels do not exceed the property line noise level limits. The main difference in conclusions is based on two main factors:
• The ISE Study used a point source noise attenuation formula of 22.5×Log (Distance /DistanceSource) while 10 PL the industry standard for a point source in hard site conditions is 20×Log (Distance /Distance 10 PL Source). Using 20 in the equation reflects hard site conditions where a point source sound level decreases or drops off at a rate of 6 dB(A) for each doubling of the distance (i.e., 20×Log10(2) = 6). Using 22.5 in the equation results in a greater noise reduction due to distance (i.e., 22.5×Log10(2) = 6.8). Hard site conditions are representative of the project site. This is evidenced by the data shown in Table 3. The blower at Tunnel 2 is unshielded from City of Coronado Page 234
Attachment 4
Mr. Jesse Brown
May 25, 2023
the residential property line. Therefore, the only noise reduction would be attributed to distance. The measured difference in noise levels is exactly as anticipated by the hard site noise attenuation formula (i.e., 20Log10(22/29) = -2.4 dB).
• The ISE Study assumed a maximum of 10 car washes per hour. The actual number of maximum hour car washes is not known, and may be greater than 10. The maximum number of car washes per tunnel is also not known. Based on the ISE Study data and methodology, one additional car wash per hour would result in an exceedance of the property line noise level limit. Based on car wash cycle times ranging from two to five minutes and two operating tunnels, more than 10 washes per hour could occur during busy days.
Conclusions
Based on the data collected at the car wash facility and methodology detailed in this report, property line noise levels due to car wash activities would exceed the Special Use Permit and CMC limit of 60 dB(A) Leq should there be two or more car washes per hour.
If you have any questions about the results of this analysis, please contact me at [email protected] or (619) 308-9333 extension 177.
Sincerely,
Jessica Fleming
Senior Noise Specialist
JLF:sh
Attachments
City of Coronado Page 235
Attachment 4
Cleveland
National
Forest
San Marcos Escondido a Batiquitos
Lagoon
Carlsbad §¨¦15
Lake Hodges
UV
78 Encinitas Ramona
Rancho
Santa Fe
S A N D I E G O
Solana C O U N T Y
Beach
Fairbanks
Ranch Poway
Del Mar
UV
56 Barona
Reservation Los Penasquitos
Canyon Presv
San Vicente
Reservoir
§¨¦
5 USMC AIR
STATION
MIRAMAR Eucalyptus
Hills
Santee UV
67 Lakeside
San Diego
UV
52 Winter §¨¦8 Mission Trails
Regional Park
Gardens Harbison
Canyon
Bostonia
El Cajon Crest Granite
Hills Sycuan
UV Reservation 125
La Mesa
Casa de
Oro-Mount
Helix
Rancho San
UV Diego
163
Lemon Spring UV Grove Valley 94
Jamul
La Presa Jamul Indian
Coronado kj Village UV
75 Sweetwater
Reservoir
UV
54 National
City
Bonita
§¨¦
805
LOS
ANGELES
Lower Otay
Reservoir SAN BERNARDINO Chula Vista
ORANGE RIVERSIDE
Imperial
Beach UV905
SAN DIEGO
MEXICO
0 Miles 5 [
kj Project Location
FIGURE 1
Regional Location
M:\JOBS5\9641.1\common_gis\fig1.mxd 05/18/2023 bma
City of Coronado Page 236
Image Source: NearMap (flown January 2023) Attachment 4 0 Feet 200 [
Project Boundary
FIGURE 2
Project Location on Aerial Photograph
M:\JOBS5\9641.1\common_gis\fig2_nos.mxd 05/18/2023 bma
City of Coronado Page 237
Image Source: NearMap (flown January 2023) Attachment 4 !(
4 !(
3 !(
2 !(
1 [
Project Boundary
!( Noise Measurement Location
0 Feet 50
FIGURE 3
Noise Measurement Locations
M:\JOBS5\9641.1\common_gis\fig3_nos.mxd 05/18/2023 bma
City of Coronado Page 238
Attachment 4
ATTACHMENTS
City of Coronado Page 239
Attachment 4
ATTACHMENT 1
Noise Measurement Summary Data
City of Coronado Page 240
Attachment 4
Summary
File Name on Meter
File Name on PC
Serial Number
Model
Firmware Version
User
LxT_Data.010.s
LxTse_0003828-20230509 131117-LxT_Data.010.ldbin
0003828
SoundExpert® LxT
2.404
Location 1 - Tunnel 1
Job Description
Note
Measurement
Description
Start 2023-05-09 13:11:17
2023-05-09 15:12:06
01:51:31.8
Stop
Duration
Run Time
Pause
01:51:31.8
00:00:00.0
Pre-Calibration 2023-05-09 09:30:08
Post-Calibration
Calibration Deviation
None
---
Overall Settings
RMS Weight
Peak Weight
A Weighting
A Weighting
Detector Slow
Preamplifier PRMLxT1L
Off
Linear
Microphone Correction
Integration Method
OBA Range Normal
OBA Bandwidth
OBA Frequency Weighting
OBA Max Spectrum
Overload
1/1 and 1/3
A Weighting
At LMax
121.7 dB
A
78.4 24.0
14.9 C
75.4 24.9
15.8 Z
Under Range Peak
Under Range Limit
Noise Floor
80.4 dB
30.8 dB
21.7 dB
Results
LAeq 69.6
LAE 107.9
EA 6.855 mPa²h
LApeak (max)
LASmax
LASmin
SEA
2023-05-09 13:24:57
2023-05-09 14:32:53
2023-05-09 13:11:48
97.9 dB
83.3 dB
7.6 dB
-99.9 dB
LAS > 85.0 dB (Exceedance Counts / Duration)
LAS > 115.0 dB (Exceedance Counts / Duration)
LApeak > 135.0 dB (Exceedance Counts / Duration)
LApeak > 137.0 dB (Exceedance Counts / Duration)
LApeak > 140.0 dB (Exceedance Counts / Duration)
0 0
0 0
0 0.0 s
0.0 s
0.0 s
0.0 s
0.0 s
Community Noise Ldn
69.6 LDay 07:00-22:00 LNight 22:00-07:00 Lden
69.6 LDay 07:00-19:00
69.6 LEvening 19:00-22:00 LNight 22:00-07:00
69.6 -99.9 -99.9 -99.9 dB
LCeq
LAeq
LCeq - LAeq
LAIeq
LAeq
76.1 dB
69.6 dB
6.4 dB
70.6 dB
69.6 dB
0.9 dB
A
LAIeq - LAeq
C
dB
76.1 Z
dB
69.6 Time Stamp Time Stamp dB Time Stamp
Leq
LS(max)
LS(min)
LPeak(max)
83.3 2023/05/09 14:32:53
7.6 2023/05/09 13:11:48
97.9 2023/05/09 13:24:57
Overload Count 0
Overload Duration
OBA Overload Count
OBA Overload Duration
0.0 s
0 0.0 s
Statistics
LAI5.00 76.3 dB
74.5 dB
61.6 dB
58.6 dB
56.5 dB
50.9 dB
LAI10.00
LAI33.30
LAI50.00
LAI66.60
LAI90.00
City of Coronado Page 241
Attachment 4
Summary
File Name on Meter
File Name on PC
Serial Number
Model
Firmware Version
User
LxT_Data.001.s
LxTse_0003829-20230509 132031-LxT_Data.001.ldbin
0003829
SoundExpert® LxT
2.301
Location 2 - Tunnel 2
Job Description
Note
Measurement
Description
Start 2023-05-09 13:20:31
2023-05-09 15:12:31
01:51:59.8
Stop
Duration
Run Time
Pause
01:51:59.8
00:00:00.0
Pre-Calibration 2023-05-09 13:13:37
Post-Calibration
Calibration Deviation
None
---
Overall Settings
RMS Weight
Peak Weight
A Weighting
A Weighting
Detector Slow
Preamplifier PRMLxT1
Off
Linear
Microphone Correction
Integration Method
OBA Range Normal
OBA Bandwidth
OBA Frequency Weighting
OBA Max Spectrum
Overload
1/1 and 1/3
A Weighting
At LMax
145.8 dB
A
102.1
38.0 25.2
C
99.1 36.0
25.7 Z
Under Range Peak
Under Range Limit
Noise Floor
104.1 dB
44.0 dB
33.2 dB
Results
LAeq 72.0
LAE 110.2
EA 11.719 mPa²h
LApeak (max)
LASmax
LASmin
SEA
2023-05-09 13:38:02
2023-05-09 14:37:26
2023-05-09 14:54:32
102.9 dB
86.3 dB
48.0 dB
-99.9 dB
LAS > 60.0 dB (Exceedance Counts / Duration)
LAS > 70.0 dB (Exceedance Counts / Duration)
LApeak > 135.0 dB (Exceedance Counts / Duration)
LApeak > 137.0 dB (Exceedance Counts / Duration)
LApeak > 140.0 dB (Exceedance Counts / Duration)
164
57 0
0 0
3926.5 s
1380.9 s
0.0 s
0.0 s
0.0 s
Community Noise Ldn
72.0 LDay 07:00-22:00 LNight 22:00-07:00 Lden
72.0 LDay 07:00-19:00
72.0 LEvening 19:00-22:00 LNight 22:00-07:00
72.0 -99.9 -99.9 -99.9 dB
LCeq
LAeq
LCeq - LAeq
LAIeq
LAeq
77.0 dB
72.0 dB
5.0 dB
72.8 dB
72.0 dB
0.9 dB
A
LAIeq - LAeq
C
dB
77.0 Z
dB
72.0 Time Stamp Time Stamp dB Time Stamp
Leq
LS(max)
LS(min)
LPeak(max)
86.3 2023/05/09 14:37:26
48.0 2023/05/09 14:54:32
102.9 2023/05/09 13:38:02
Overload Count 0
Overload Duration
OBA Overload Count
OBA Overload Duration
0.0 s
0 0.0 s
Statistics
LAI5.00 80.3 dB
77.0 dB
62.8 dB
60.0 dB
57.5 dB
53.0 dB
LAI10.00
LAI33.30
LAI50.00
LAI66.60
LAI90.00
City of Coronado Page 242
Attachment 4
Summary
File Name on Meter
File Name on PC
Serial Number
Model
Firmware Version
User
LxT_Data.061.s
LxT_0003898-20230509 131921-LxT_Data.061.ldbin
0003898
SoundTrack LxT®
2.301
Location 3 - Residential Property Line
Job Description
Note
Measurement
Description
Start 2023-05-09 13:19:21
2023-05-09 15:12:11
01:52:50.2
Stop
Duration
Run Time
Pause
01:52:50.2
00:00:00.0
Pre-Calibration 2023-05-09 13:10:32
Post-Calibration
Calibration Deviation
None
---
Overall Settings
RMS Weight
Peak Weight
A Weighting
A Weighting
Detector Slow
Preamplifier PRMLxT1L
Off
Linear
Microphone Correction
Integration Method
Overload 122.2 dB
A
78.4 26.2
16.3 C Z
Under Range Peak
Under Range Limit
Noise Floor
75.4 80.4 dB
25.3 32.2 dB
16.2 22.1 dB
Results
LAeq 69.0
LAE 107.3
EA
EA8
EA40
5.945 mPa²h
25.291 mPa²h
126.456 mPa²h
LApeak (max)
LASmax
LASmin
SEA
2023-05-09 13:38:13
2023-05-09 13:38:13
2023-05-09 14:54:40
105.9 dB
88.7 dB
47.8 dB
-99.9 dB
LAS > 60.0 dB (Exceedance Counts / Duration)
LAS > 70.0 dB (Exceedance Counts / Duration)
LApeak > 135.0 dB (Exceedance Counts / Duration)
LApeak > 137.0 dB (Exceedance Counts / Duration)
LApeak > 140.0 dB (Exceedance Counts / Duration)
175
51 0
0 0
3094.1 s
1054.4 s
0.0 s
0.0 s
0.0 s
LCeq
LAeq
LCeq - LAeq
LAIeq
LAeq
75.6 dB
69.0 dB
6.6 dB
70.5 dB
69.0 dB
1.6 dB
A
LAIeq - LAeq
C Z
dB
69.0 Time Stamp dB
75.6 Time Stamp dB Time Stamp
Leq
LS(max)
LS(min)
LPeak(max)
88.7 2023/05/09 13:38:13
47.8 2023/05/09 14:54:40
105.9 2023/05/09 13:38:13
Overload Count 0
Overload Duration 0.0 s
Dose Settings
Dose Name
Exchange Rate
Threshold
Criterion Level
Criterion Duration
OSHA-1 OSHA-2
5 5 dB
90 90
8 80 dB
90 dB
8 h
Results
Dose -99.94
-99.94
-99.9
-99.9
62.7 0.19 %
0.81 %
55.3 dB
44.9 dB
62.7 dB
Projected Dose
TWA (Projected)
TWA (t)
Lep (t)
Statistics
LAI5.00 75.2 dB
LAI10.00
LAI33.30
LAI50.00
LAI66.60
LAI90.00
73.2 dB
61.4 dB
58.2 dB
55.7 dB
52.0 dB
City of Coronado Page 243
Attachment 4
Summary
File Name on Meter
File Name on PC
Serial Number
Model
Firmware Version
User
LxT_Data.002.s
LxTse_0003827-20230509 132107-LxT_Data.002.ldbin
0003827
SoundExpert® LxT
2.404
Location 4 - Alley
Job Description
Note
Measurement
Description
Start 2023-05-09 13:21:07
2023-05-09 15:03:48
01:42:41.2
Stop
Duration
Run Time
Pause
01:42:39.3
00:00:01.9
Pre-Calibration 2023-05-09 13:12:14
Post-Calibration
Calibration Deviation
None
---
Overall Settings
RMS Weight
Peak Weight
A Weighting
A Weighting
Detector Slow
Preamplifier PRMLxT1L
Off
Linear
Microphone Correction
Integration Method
OBA Range Normal
OBA Bandwidth
OBA Frequency Weighting
OBA Max Spectrum
Overload
1/1 and 1/3
A Weighting
At LMax
121.7 dB
A
78.3 24.0
14.9 C
75.3 24.9
15.8 Z
Under Range Peak
Under Range Limit
Noise Floor
80.3 dB
30.8 dB
21.7 dB
Results
LAeq 64.4
LAE 102.3
EA 1.898 mPa²h
LApeak (max)
LASmax
LASmin
SEA
2023-05-09 13:26:37
2023-05-09 13:26:37
2023-05-09 13:51:18
101.9 dB
79.0 dB
50.8 dB
-99.9 dB
LAS > 85.0 dB (Exceedance Counts / Duration)
LAS > 115.0 dB (Exceedance Counts / Duration)
LApeak > 135.0 dB (Exceedance Counts / Duration)
LApeak > 137.0 dB (Exceedance Counts / Duration)
LApeak > 140.0 dB (Exceedance Counts / Duration)
0 0
0 0
0 0.0 s
0.0 s
0.0 s
0.0 s
0.0 s
Community Noise Ldn
64.4 LDay 07:00-22:00 LNight 22:00-07:00 Lden
64.4 LDay 07:00-19:00
64.4 LEvening 19:00-22:00 LNight 22:00-07:00
64.4 -99.9 -99.9 -99.9 dB
LCeq
LAeq
LCeq - LAeq
LAIeq
LAeq
74.4 dB
64.4 dB
10.0 dB
66.5 dB
64.4 dB
2.1 dB
A
LAIeq - LAeq
C
dB
Z
dB Time Stamp Time Stamp dB Time Stamp
Leq 64.4 74.4
LS(max)
LS(min)
LPeak(max)
79.0 2023/05/09 13:26:37
50.8 2023/05/09 13:51:18
101.9 2023/05/09 13:26:37
Overload Count 0
Overload Duration
OBA Overload Count
OBA Overload Duration
0.0 s
0 0.0 s
Statistics
LAI5.00 71.0 dB
68.6 dB
60.8 dB
57.2 dB
55.5 dB
53.4 dB
LAI10.00
LAI33.30
LAI50.00
LAI66.60
LAI90.00
City of Coronado Page 244
Attachment 4
City of Coronado Page 245
Attachment 4
ATTACHMENT 2a
Noise Calculation – With Ambient Measurement Data Included City of Coronado Page 246
Attachment 4
City of Coronado Page 247
Attachment 4
ATTACHMENT 2b
Noise Calculation – With Ambient Measurement Data Removed City of Coronado Page 248
Attachment 4
City of Coronado Page 249
Attachment 4
City of Coronado Page 250
Attachment 4
City of Coronado Page 251
AEROSPACE • ACOUSTICS • VIBRATION • MATERIALS SCIENCE • GEOPHYSICS • HISTORIC PRESERVATION FORENSIC ENGINEERING • EXPERT WITNESS • AIR QUALITY • ENVIRONMENTAL COMPLIANCE
SAN DIEGO CORPORATE OFFICE
P.O. Box 488, Ramona, CA 92065
Phone: 760-787-0016
www.ise.us
The Leader in Scientific Consulting and Research…
15 January 2023
Mr. Phillip Provenzano
Sunset West Development, Inc.
6830 La Jolla Blvd, Ste 102
La Jolla, CA 92037
RE: REPORT OF FORENSIC INVESTIGATION
PHILTHY PHILZ CAR WASH – CORONADO, CA
ISE PROJECT #23-001
Dear Phil:
At your request, Investigative Science and Engineering, Inc. (ISE) has been retained to perform a forensic acoustical investigation of the Philthy Philz car wash facility located at 150 C Street, Coronado CA. Our findings are presented in this letter report.
Purpose and Background
The as-built Philthy Philz car wash facility (APN 536-101-35-00) is located at 150 C Street within the City of Coronado, as shown in Figures 1a and -b starting on the following page. The site is located in the north-northeast portion of the City adjacent to the Centennial Park area. Historically, this area has been utilized for commercial and mixed-use development purposes, and would be classified as being under full build-out conditions, as shown in Figure 2 on Page 4.
The subject parcel was developed into a self-service carwash and detailing facility in 1992 subject to conditions identified within the project’s Special Use Permit (PC2013-03) and Planning Commission Resolution 6-13 dated 7/23/13. Under the SUP, the car wash must maintain hourly noise levels of 60 dBA between the hours of 7:00 a.m. and 10:00 p.m. per Coronado Municipal Code (CMC) Sections 41.10.010 and
52.04.010. Additionally, the facility is required to maintain operations consistent with the surrounding community traffic noise setting.
1 The project operator received a Notice of Violation (NOV) from the City of Coronado on 11/22/22 indicating violations of the aforementioned SUP. Investigation into this matter is the subject of this forensic acoustical assessment. 1 CMC Section 86.55.230A states, “All equipment used for the facility shall be soundproofed so that any noise emanating therefrom, as measured from any point on adjacent property, shall be no more audible than the noise emanating from the normal street traffic at a comparable distance.”
Attachment 5
City of Coronado Page 252
Mr. Phillip Provenzano
Report of Forensic Investigation
Philthy Philz Car Wash – Coronado, CA
ISE Project #23-001
15 January 2023
FIGURE 1a: Vicinity Map of Subject Study Area (ISE 1/23) Attachment 5
City of Coronado Page 253
Mr. Phillip Provenzano
Report of Forensic Investigation
Philthy Philz Car Wash – Coronado, CA
ISE Project #23-001
15 January 2023
FIGURE 1b: Parcel Map of Subject Study Area (ISE 1/23)
Attachment 5
City of Coronado Page 254
Mr. Phillip Provenzano
Report of Forensic Investigation
Philthy Philz Car Wash – Coronado, CA
ISE Project #23-001
15 January 2023
FIGURE 2: Aerial Isometric Image of Study Area and Surrounding Development (ISE 1/23) Attachment 5
City of Coronado Page 255
Mr. Phillip Provenzano
Report of Forensic Investigation
Philthy Philz Car Wash – Coronado, CA
ISE Project #23-001
15 January 2023
Theoretical Basis of Investigation
Sound waves are generally described as linearly compressive mechanical waves whose wavefronts travels in the direction of propagation. All sound waves originate from a vibrating surface, alternately compressing, and then expanding, the transmitting medium over a wide range of frequencies causing the sensation of hearing in humans.
This nominal frequency range spans from approximately 20 Hertz (Hz, or cycles per second) to as high as 20,000 Hz.
The phenomenon known as
‘noise’ is defined as the superposition
of multiple periodic sound waves each
having a large number of frequency
components. Due to the large dynamic
range of the human ear, any attempt to
represent the acoustic intensity of a
particular sound on a linear scale
becomes unwieldy. As a result, a
logarithmic ratio known as the decibel
(dB) is commonly employed.2
As can be seen in Figure 3 to
the right, a sound level of zero “0” dB is
scaled such that it is defined as the
threshold of human hearing, and would
be barely audible to an ‘average’
person under extremely quiet listening
conditions. Sound levels above 120 dB
roughly correspond roughly to the
threshold of pain, while the minimum
change in sound level that the human
ear can detect is approximately 3.0
dBA.
3 A pressure change of 10 dB is
usually perceived by the average
person as a doubling (or halving) of the
sound’s loudness.
2 The decibel is a unit used to express the relative magnitude of a sound wave. This level is defined as being equal to 20 times the common logarithm of the ratio of the pressure produced by a sound wave of interest, to a ‘reference’ pressure wave equal to 20 micro Pascal’s (µPa) measured at a distance of one meter away.
3 Every 3 dB equates to a 50% drop (or increase) in wave strength; therefore a 6 dB drop/increase = a loss/increase of 75% of total signal strength and so on.
FIGURE 3: Typical Sound Levels (ISE 1/23)
Attachment 5
City of Coronado Page 256
Mr. Phillip Provenzano
Report of Forensic Investigation
Philthy Philz Car Wash – Coronado, CA
ISE Project #23-001
15 January 2023
The sounds we hear in any environmental setting do not consist of a single frequency, but rather are comprised of a broad band of frequencies differing in intensity.
The intensities of each frequency add together to generate the sound we ultimately hear.
The method used to quantify environmental sounds of this type, consists of aggregating the frequency spectrum of a sound according to a weighting system that mimics the nonlinear response characteristics of the human ear. This is called "A" weighting, and the decibel level measured is called the A-weighted sound level (or dBA).
Most environmental noise we hear includes a conglomeration of sounds from distant sources that create a relatively steady background level in which no particular source is identifiable. For this type of noise, a single descriptor called the Leq (or equivalent sound level) is used.4 Leq is the energy-mean A-weighted sound level during a specified time interval, and would be defined mathematically by the following continuous integral,
Leq = 10Log10
1 T
SPL(t)
2 dt
0 T
∫ ⎡
⎣
⎢ ⎤
⎦
⎥
Where the following variables are defined:
Leq = The energy equivalent sound level, ‘t ’ is the independent variable of time, T = The total time interval of the event, and
SPL = The sound pressure level re. 20 µPa.
A similar noise metric, known as the Sound Exposure Level (or SEL)5 is defined
as the constant sound level over a normalized duration of one-second, which has the same amount of energy as the original noise event. Thus, one can modify the above expression for Leq to achieve a new expression for the SEL as follows, SEL = 10Log10
1 T0
SPL(t)
2 dt
−∞
+∞
∫ ⎡
⎣
⎢ ⎤
⎦
⎥; T0 = 1.0 sec
Where the following variables are defined:
SEL = The sound exposure level averaged over the entire event (i.e., ), T0 = The normalized time interval of the event, taken as one-second, and, SPL = The sound pressure level re. 20 µPa.
4 Thus, Leq is the ‘equivalent sound level’ that would have to be produced by a constant source to equal the average of the fluctuating community noise. For most acoustical studies, the study interval is generally taken as one-hour and the abbreviation used is Leq-h; however, other time intervals are utilized depending on the jurisdictional preference. 5 SEL in some connotations is also called the ‘Single Event Level’ due to its ability to capture the total energy from a single acoustic event irrespective of the event duration. It is, nonetheless, the same mathematical quantity as the Sound Exposure Level. ±∞
Attachment 5
City of Coronado Page 257
Mr. Phillip Provenzano
Report of Forensic Investigation
Philthy Philz Car Wash – Coronado, CA
ISE Project #23-001
15 January 2023
While the Leq metric is useful as a mechanism for quantifying the energy average of an acoustical event, it does not remove the ambiguity seen when measuring a specific noise event where the effects of the averaging process, combined with any background environmental noise, can produce varying results, or sources of error, based on the environmental setting.
The SEL metric does not suffer from this shortfall in that it eliminates the influence of the measurement duration, and merely aggregates the total energy over a normalized duration of one-second. SEL is therefore numerically equivalent to the total sound energy of the event, whereas Leq is proportional to the average sound power of the event (or energy versus time). Thus, one can effectively examine ‘SEL packets of energy’ to compare the relative magnitude of several acoustical events using consistent units of measurement. Leq is directly related to SEL through the following simple logarithmic relationship,
Leq = SEL −10Log10
T
T0
⎛
⎝
⎜
⎞
⎠
⎟; T0 = 1.0 secand T in seconds
For ‘n’ multiple SEL events in a single hour, the above expression reduces to the following form,
Leq = 10Log10 10
SELi
10 i=1
n
∑ −10Log10 ( ) 3600 = 10Log10 10
SELi
10 i=1
n
∑ − 35.56
Applicable Significance Thresholds
As previously identified, the subject car wash is subject to strict property line noise levels of 60 dBA hourly between the hours of 7:00 a.m. and 10:00 p.m., as well as requiring community consistency with surrounding traffic noise levels.6 The facility currently operates between the hours of 7:00 a.m. and 8:00 p.m. daily, in accordance with these requirements, averaging roughly 10 cars per hour.7 General Community Noise Survey and Observations
Philthy Philz Car Wash is located between C Avenue (to the southeast), and an alley (to the northwest), in an area predominantly comprised of a variety of commercial uses. The sounds generated by all the various surrounding uses, and local area activities, combine together to create the community noise level. 6 The requirement, per Municipal Code Section 41.10.010 states, “The noise subject to these limits is that part of the total noise at the specified location that is due solely to the action of said person.” Thus, the car wash is only required to mitigate noise directly leaving its property.
7 A review by ISE, of operational records, showed the facility to have serviced a total of 46,576 cars in FY 2022. This equates to approximately 127.6 cars per day over 13 hours of operation, or 9.81 cars per hour.
Attachment 5
City of Coronado Page 258
Mr. Phillip Provenzano
Report of Forensic Investigation
Philthy Philz Car Wash – Coronado, CA
ISE Project #23-001
15 January 2023
A field survey was conducted to identify the noise sources contributing to the community noise level in the vicinity of the car wash, which are not sources associated with the operation of the car wash. Photos of the survey are provided as an attachment to this report. The following noise sources which are not due to the operation of the car wash, were observed:
Observations indicated substantial traffic noise along C Avenue, due to its frequent use for through traffic traveling between Fourth Street and First Street, for access to the Centennial Park, the Coronado Ferry Landing, and businesses in the area, as well as by large delivery trucks servicing the Smart & Final, and other nearby commercial uses. The Smart & Final is a large commercial use, located directly across the street from both the car wash and Regatta Bay Mixed-Use Condominiums8,9, with its commercial truck loading dock accessed from C Avenue. Additionally, some large trucks were observed utilizing the street itself (C Avenue), as a loading area.
Truck traffic noise, on First Street, was also observed to affect the community noise level on C Avenue in the vicinity of the car wash and Regatta Bay Mixed-Use Condominiums, particularly when back-up beepers or lift-gate beepers were employed.
Traffic noise on the alley behind (northwest of) the car wash and Regatta Bay Mixed-Use Condominiums, was observed to be mainly due to large delivery trucks, especially those servicing the Boney’s Bayside Market. Trucks were also observed using lift-gate beepers in the alley behind the car wash, where the market’s commercial truck loading area is accessed. Additionally, a small forklift, with back-up beepers, was frequently being used in the alley to assist in unloading the trucks.
Military aircraft observed included helicopters, osprey, and various fixed-wing aircraft. During site visits, observations indicated approximately five to eight military aircraft flights per hour, over the north-northeast portion of the City of Coronado.
Noise sources associated with, or originating from, the Regatta Bay Mixed-Use Condominium building, were observed to include the following:
! Landscaping activities, using a power leaf blower and lawn mower, along C Avenue in front of the Regatta Bay Mixed-Use Condominiums, adjacent to the car wash. ! A loud hum emanating from the ground floor area of the condominium building, near the west-most corner of the building, where it borders the alley. The source of this noise appeared to be the area containing the condominium gas meters and the adjacent machinery room.
! Recurring dog-barking sounds were observed coming from balcony areas located in the southwest area of the condominium building, adjacent to the car wash.
8 An exterior visual inspection of the Regatta Bay Mixed-Use Condominiums did not reveal any apparent design mitigation at the time of its construction, related to compliance under the City’s General plan and/or CCR Title 24, Part 2. Thus, the balcony areas of this use would not be considered outdoor usable space per the City’s guidelines since the car wash facility was a pre-existing condition at the time of construction of these units.
9 The City of Coronado General Plan Noise Element (Implementation) states on Page II-L15, “All developers in Discretionary-Normally Unacceptable areas should include measures to mitigate the noise impact through construction and siting techniques.” Attachment 5
City of Coronado Page 259
Mr. Phillip Provenzano
Report of Forensic Investigation
Philthy Philz Car Wash – Coronado, CA
ISE Project #23-001
15 January 2023
Community noises, including noise sources from the Regatta Bay Mixed-Use Condominium building, were observed being reflected back toward the condominium building, from the walls of neighboring buildings on the northwest side of the alley corridor. Additional noise sources observed originating from various other businesses along the alley, include the following:
! An air handler system, located within the parking garage of the building directly across the alley from the Regatta Bay Mixed-Use Condominium building, was observed generating an ongoing blower sound.
! A gas meter attached to the back wall of the Boney’s Bayside Market, located behind (across the alley from) the carwash, and immediately west of the west-most corner of the condominium building, was observed to generate a continuous “hissing” noise. ! Immediately southwest of the car wash, a fitness center (CrossFit Coronado and One Life Physical Therapy), was observed generating loud music and human vocalizations, with its large, roll-up, bay doors facing the alley fully open.
Acoustical Monitoring and Findings
Area Monitoring and Community Noise
Based on the community observations detailed above, ISE performed an area survey of the block under examination using a Quest SoundPro SP-DL-2 ANSI Type 2 integrating sound level meter for the purposes of ascertaining the efficacy of performing direct Leq measurements, or utilizing a modified SEL strategy. The measurement locations are shown in Figure 4 on the following page.
The monitoring equipment was affixed to a tripod having a microphone height of five (5) feet above ground level. Prior to testing, all equipment was calibrated at ISE’s acoustics and vibration laboratory to verify conformance with ANSI S1-4 1983 Type 2 and IEC 651 Type 2 standards.10 The monitoring locations selected consisted of 10- minute bouts at the following locations sans any car wash activity:
! Corner of First Street & C Avenue. The measured Leq was 63.2 dBA. ! Alley behind the northwestern property line of carwash, near western corner of adjacent condominium structure. The measured Leq was 65.1 dBA. ! Corner of Second Street & C Avenue. The measured Leq was 61.8 dBA. ! C Avenue in front of doctor's office adjacent to carwash. The measured Leq was 64.5 dBA.
The findings indicated that for all locations examined, the energy equivalent noise level (i.e., Leq) was greater than 60 dBA sans any car wash activity. It was therefore concluded to be meaningless to perform a strict Leq monitoring survey, as community noise levels were always above the actionable threshold.
10 All testing and calibration was performed by ISE’s Acoustics and Vibration Laboratory using a Rubidium atomic frequency and time standard traceable to National Institute of Standards & Technology (NIST). The time and frequency calibration signal has a long-term stability of 10-10. Specifications for traceability can be obtained at www.nist.gov.
Attachment 5
City of Coronado Page 260
Mr. Phillip Provenzano
Report of Forensic Investigation
Philthy Philz Car Wash – Coronado, CA
ISE Project #23-001
15 January 2023
FIGURE 4: Identified Testing Locations (ISE 1/23)
Attachment 5
City of Coronado Page 261
Mr. Phillip Provenzano
Report of Forensic Investigation
Philthy Philz Car Wash – Coronado, CA
ISE Project #23-001
15 January 2023
Acoustic Emissions from As-Built Car Wash Facility
A discussed in the previous section, ISE identified a high degree of acoustical contamination due to the presence of extensive community activities producing aggregate noise levels in excess of the 60 dBA Leq hourly standard, sans any car wash activity. Thus, a strict energy average (i.e., Leq) reading of hourly car wash activities is numerically meaningless, and the direct determination of the acoustic energy solely from car wash activities must be performed.
Given this, ISE sampled the acoustic energy from the exit-side of the car wash tunnel (the worst-case location) at a distance of 20-feet from the exit maintaining direct line-of-sight conditions to the operating equipment while minimizing acoustic reflections from surrounding structures and the car wash tunnel itself. For this test, ISE utilized a Quest SoundPro SP-DL-2 ANSI Type 2 integrating sound level with 1/3 octave band filter set calibrated and conformed under the same conditions previously stated.
The results of this test were scaled-up to a maximum 10 cars per hour in accordance with past operational history, and projected to the closest property line interface 40-feet distant, also having direct line-of-sight to the equipment, under spherical propagation close to the ground.11 This measurement location is also shown in Figure 4. The field test result is provided as an attachment to this report.
Based on the findings, ISE identified a worst-case SEL of 92 dBA per car during the full operational cycle of the car wash.12,13 Thus, for a throughput of 10 cars per hour, the observed hourly sound level independent of extraneous community noise and inclusive of the spherical ground propagation distance from the measurement point to the closest property line would be,
Leq = 10Log10 10
SELi
10 i=1
n
∑ −10Log10 ( ) 3600 − 22.5Log10
DistPL
DistSource
⎛
⎝
⎜
⎞
⎠
⎟
= 10Log10 10
92 10
i=1
10 ∑ − 35.56 = 10Log10 10 i109.2 ( ) − 35.56 − 22.5Log10 (2) = 10 10.2 ( ) − 35.56 − 6.77
= 59.7 dBA Leq
11 This would constitute the worst-case operational conditions for the as-built car wash facility, as it does not account for any structural attenuation by the car wash tunnel or surrounding buldings. 12 The operational cycle time per car is approximately 120 seconds inclusive of the power washing cycles and drying cycle. 13 Although an SEL of 92 dBA is reported in this report, ISE believes the actual value to be less than this, due to the unavoidable capturing of truck loading sounds on C Avenue in front of the facility.
Attachment 5
City of Coronado Page 262
Mr. Phillip Provenzano
Report of Forensic Investigation
Philthy Philz Car Wash – Coronado, CA
ISE Project #23-001
15 January 2023
Given this level, which is numerically less than the standard identified under the use permit, ISE therefore concludes that no acoustical impacts due to normal car wash operations were observed, and the facility is operating as designed.14 Although the car wash facility is audible during its operational cycle, the aggregate energy is not sufficient to produce an appreciable community noise impact.
Should you have any questions regarding these findings, please do not hesitate to contact me.
Sincerely,
Rick Tavares, Ph.D.
Director of Engineering
Investigative Science and Engineering, Inc.
Cc: Karen Tavares – ISE
Attachments: General Community Noise Survey Photographs Operational Cycle Test – Philthy Philz Car Wash
14 This is a worst-case impact level as it could be argued that the propagation at this point is a hybrid of spherical and hemispherical, producing a level lower than that shown.
Attachment 5
City of Coronado Page 263
Mr. Phillip Provenzano
Report of Forensic Investigation
Philthy Philz Car Wash – Coronado, CA
ISE Project #23-001
15 January 2023
General Community Noise Survey Photographs
Attachment 5
City of Coronado Page 264
Mr. Phillip Provenzano
Report of Forensic Investigation
Philthy Philz Car Wash – Coronado, CA
ISE Project #23-001
15 January 2023
Attachment 5
City of Coronado Page 265
Mr. Phillip Provenzano
Report of Forensic Investigation
Philthy Philz Car Wash – Coronado, CA
ISE Project #23-001
15 January 2023
Attachment 5
City of Coronado Page 266
Mr. Phillip Provenzano
Report of Forensic Investigation
Philthy Philz Car Wash – Coronado, CA
ISE Project #23-001
15 January 2023
Attachment 5
City of Coronado Page 267
Mr. Phillip Provenzano
Report of Forensic Investigation
Philthy Philz Car Wash – Coronado, CA
ISE Project #23-001
15 January 2023
Attachment 5
City of Coronado Page 268
Mr. Phillip Provenzano
Report of Forensic Investigation
Philthy Philz Car Wash – Coronado, CA
ISE Project #23-001
15 January 2023
Attachment 5
City of Coronado Page 269
Mr. Phillip Provenzano
Report of Forensic Investigation
Philthy Philz Car Wash – Coronado, CA
ISE Project #23-001
15 January 2023
Attachment 5
City of Coronado Page 270
Mr. Phillip Provenzano
Report of Forensic Investigation
Philthy Philz Car Wash – Coronado, CA
ISE Project #23-001
15 January 2023
Attachment 5
City of Coronado Page 271
Mr. Phillip Provenzano
Report of Forensic Investigation
Philthy Philz Car Wash – Coronado, CA
ISE Project #23-001
15 January 2023
Attachment 5
City of Coronado Page 272
Mr. Phillip Provenzano
Report of Forensic Investigation
Philthy Philz Car Wash – Coronado, CA
ISE Project #23-001
15 January 2023
Attachment 5
City of Coronado Page 273
Mr. Phillip Provenzano
Report of Forensic Investigation
Philthy Philz Car Wash – Coronado, CA
ISE Project #23-001
15 January 2023
Attachment 5
City of Coronado Page 274
Mr. Phillip Provenzano
Report of Forensic Investigation
Philthy Philz Car Wash – Coronado, CA
ISE Project #23-001
15 January 2023
Attachment 5
City of Coronado Page 275
Mr. Phillip Provenzano
Report of Forensic Investigation
Philthy Philz Car Wash – Coronado, CA
ISE Project #23-001
15 January 2023
Attachment 5
City of Coronado Page 276
Mr. Phillip Provenzano
Report of Forensic Investigation
Philthy Philz Car Wash – Coronado, CA
ISE Project #23-001
15 January 2023
Attachment 5
City of Coronado Page 277
Mr. Phillip Provenzano
Report of Forensic Investigation
Philthy Philz Car Wash – Coronado, CA
ISE Project #23-001
15 January 2023
Attachment 5
City of Coronado Page 278
Mr. Phillip Provenzano
Report of Forensic Investigation
Philthy Philz Car Wash – Coronado, CA
ISE Project #23-001
15 January 2023
Attachment 5
City of Coronado Page 279
Mr. Phillip Provenzano
Report of Forensic Investigation
Philthy Philz Car Wash – Coronado, CA
ISE Project #23-001
15 January 2023
Attachment 5
City of Coronado Page 280
Mr. Phillip Provenzano
Report of Forensic Investigation
Philthy Philz Car Wash – Coronado, CA
ISE Project #23-001
15 January 2023
Attachment 5
City of Coronado Page 281
Mr. Phillip Provenzano
Report of Forensic Investigation
Philthy Philz Car Wash – Coronado, CA
ISE Project #23-001
15 January 2023
Attachment 5
City of Coronado Page 282
Mr. Phillip Provenzano
Report of Forensic Investigation
Philthy Philz Car Wash – Coronado, CA
ISE Project #23-001
15 January 2023
Operational Cycle Test – Philthy Philz Car Wash
Attachment 5
City of Coronado Page 283
Mr. Phillip Provenzano
Report of Forensic Investigation
Philthy Philz Car Wash – Coronado, CA
ISE Project #23-001
15 January 2023
Attachment 5
City of Coronado Page 284
MEMORANDUM
To: Jim Heintz
From: Mark Storm, INCE Bd. Cert. (Dudek)
Subject:
Cc:
Philthy Philz Car Wash Operations Noise Level Compliance Monitoring [email protected];
Jim Heintz <[email protected]>;
Richard Bailey <[email protected]>;
Richard Bailey <[email protected]>;
Richard Bailey <[email protected]>;
[email protected];
Jesse Brown <[email protected]>;
Richard Grunow <[email protected]>;
Phil Keesling <[email protected]>;
Vicki Schwebach <[email protected]>;
Joseph Cosart <[email protected]>
Date: September 1, 2022
Attachments: Attachment A, Photographs of Noise Survey Locations Attachment B, OBCF Components of the Short-term Measurement Samples This technical noise memorandum has been prepared at the request of Mr. Jim Heintz (the Client) in support of evaluating Philthy Philz Car Wash (Project) operations noise level compliance with its Special Use Permit (SUP) and applicable provisions of Coronado, California (City) Noise Ordinance. The content of this document is organized as follows: 1) Summary, 2) Background, 3) Regulatory Setting and Standards, 4) Noise Measurement Surveys, 5) Compliance Assessment and Conclusions, and 6) References. 1 Summary
The results of analysis applied to sound pressure level (SPL) measurement data collected August 19-20, 2022, which reasonably distinguish Project-caused noise as a portion of a measured outdoor ambient or total, appear to suggest that aggregate noise levels from major sound producers associated with normal Project operation (namely pressure washers and dryer blowers as currently installed and functioning during the course of serving customers during daytime hours) exceed the City’s standards and would also constitute a violation of Standard Condition #13 from the Project SUP.
Attachment 6
City of Coronado Page 285
Memorandum
Subject: Philthy Philz Car Wash Operations Noise Level Compliance Monitoring 14689
2 September 2022
2 Background
2.1 Study Purpose
The aim of the outdoor noise monitoring study detailed herein was to compare aggregate noise emission due to normal operation of Project equipment (i.e., pressure washers and dryer blowers) with City standards by measuring sound levels at multiple neighboring residential receptor positions adjoining the Project property.
2.2 Project Description and Setting
The Project site, shown in aerial view in Figure 1 is an operating “touchless”-type car wash facility with two tunnels through which customer vehicles enter on the northwest end and exit on the southeast end. To the north of the Project site is “Regatta Bay”, a mixed-use three-story building comprising ground floor commercial uses (i.e., professional offices) and owner-occupied residential condominiums on two upper floors.
Sources: Google Earth 2018
Figure 1. Project Location (bounded with yellow dashes) and Surroundings Attachment 6
City of Coronado Page 286
Memorandum
Subject: Philthy Philz Car Wash Operations Noise Level Compliance Monitoring 14689
3 September 2022
2.3 Noise Descriptors and Fundamentals
Sound is mechanical energy transmitted by pressure waves in a compressible medium, such as air. Noise is defined as sound that is loud, unpleasant, unexpected, or undesired. The sound pressure level (SPL) has become the most common descriptor used to characterize the loudness of an ambient sound level. The unit of measurement of sound pressure is a decibel (dB).
Sound may be described in terms of level or amplitude (measured in dB), frequency or pitch (measured in hertz [Hz] or cycles per second), and duration (measured in seconds or minutes). Because the human ear is not equally sensitive to sound at all frequencies, a special frequency-dependent rating scale is used to relate noise to human sensitivity. The A-weighted decibel (dBA) scale performs this compensation by discriminating against low and very high frequencies in a manner approximating the sensitivity of the human ear. When people make judgments of the relative loudness or annoyance of a sound, their judgments correlate well with the A-scale sound levels of those sounds. Table 1, Typical Noise Levels Associated with Common Activities, arranges typical outdoor and indoor noise sources against a decreasing linear scale of A-weighted sound levels, and provides examples of common noise levels in the indoor and outdoor environment.
Table 1. Typical Noise Levels Associated with Common Activities Common Outdoor Activities
Noise Level
(dBA) Common Indoor Activities
— 110 Rock Band
Jet Flyover at 1,000 feet 105 —
Gas Lawn Mower at three feet 95 —
Diesel Truck at 50 feet, 50 mph 85 Food Blender at 3 feet — 80 Garbage Disposal at 3 feet
Noisy Urban Area, Daytime 75 —
— 70 Vacuum Cleaner at 10 feet
Commercial Area 65 Normal speech at 3 feet
Heavy Traffic at 300 feet 60 —
— 55 Large Business Office
Quiet Urban Daytime 50 Dishwasher (in next room)
Quiet Urban Nighttime 40 Theater, Large Conference Room (background)
Quiet Suburban Nighttime 35 —
— 30 Library
Quiet Rural Nighttime 25 Bedroom at Night, Concert Hall (background) — 15 Broadcast/Recording Studio
Lowest Threshold of Human Hearing
(Healthy)
0 Lowest Threshold of Human Hearing (Healthy)
Source: Caltrans 2013.
Notes: dBA = A-weighted decibel; mph = miles per hour.
Attachment 6
City of Coronado Page 287
Memorandum
Subject: Philthy Philz Car Wash Operations Noise Level Compliance Monitoring 14689
4 September 2022
The energy-equivalent sound level (Leq) is a decibel quantity that represents the constant or energy-averaged value equivalent to the amount of variable sound energy received by a receptor during a time interval. For example, a 1- hour Leq measurement of 60 dBA would represent the average amount of acoustical energy contained in all the noise that occurred in that hour. Leq is therefore an effective noise descriptor because of its ability to assess the total time-varying effects of noise on sensitive receptors, which can then be compared to an established Leq standard or threshold of the same duration.
Other acoustical descriptors include the maximum sound level (Lmax), which is the greatest sound level measured during a designated time interval or event and is often informally referred to as a “peak” measured level. The minimum sound level (Lmin), on the other hand, is correspondingly the lowest measured level during an evaluation period and is often called the “floor” value.
Statistical values for the study of measured sound include LXX, where the “XX” refers to the cumulative percentage of time during an evaluation period that a quantified dB is exceeded. By way of example, the “L-ninety” or L90 value is a decibel magnitude exceeded ninety percent (90%) of the measurement period and is hence a reliable indicator of either the indistinct din of “background” sound (e.g., both natural and man-made) during a measurement or the acoustical contribution of one or more sources of nearby sound emission, such as electro-mechanical equipment operating in generally a “steady-state” manner. In fact, the Federal Highway Administration (FHWA) defines L90 as follows:
“The L90(t) is a statistical descriptor of the sound level exceeded 90% of the time of the measurement period (t).
This is considered to represent the background noise without the source in question. Where the noise emissions from a source of interest are constant (such as noise from a fan, air conditioner or pool pump) and the ambient noise level has a degree of variability (for example, due to traffic noise), the L90 descriptor may adequately describe the noise source.” (FHWA 2017)
3 Regulatory Setting and Standards
Coronado Municipal Code (CMC) 41.10.010A sets the following noise limits for property boundaries within commercially-zoned (“C”) land uses (City of Coronado 2022): 60 dBA hourly Leq (7:00 a.m. to 7:00 p.m.); 60 dBA hourly Leq (7:00 p.m. to 10:00 p.m.); and 50 dBA hourly Leq (10:00 p.m. to 7:00 a.m.). Usage of the Leq descriptor is confirmed by CMC 41.04.010, which states that “average sound level is also called equivalent continuous sound level.” Additionally, CMC 41.10.010 clarifies that “the noise subject to these limits is that part of the total noise at the specified location that is due solely to the action of said person.” Therefore, the assessed noise for purposes of compliance with this standard is not the total sound level detected by a qualifying sound level meter that includes non-Project and Project acoustical contributors, it is only the latter: the aggregate of sound emission from and caused by the Project (i.e., the car wash facility).
Furthermore, and consistent with CMC, the SUP for the Project includes Standard Condition #13 as follows: “The car wash shall comply with City of Coronado Section 41.10.010 of the Coronado Noise Ordinance in that the onehour average sound level (decibels) shall not exceed 60 decibels between the hours of 7:00 a.m. to 10:00 p.m.
Monday through Sunday.”
Attachment 6
City of Coronado Page 288
Memorandum
Subject: Philthy Philz Car Wash Operations Noise Level Compliance Monitoring 14689
5 September 2022
4 Measurement Surveys
4.1 Investigator-attended Short-term Measurements
Short-duration or short-term (ST) SPL measurements, located as shown in Figure 2, were performed in the vicinity of the Project site on August 19th and 20th, 2022, to quantify and help characterize the outdoor ambient sound levels at the outdoor balconies of multiple owner-occupied residential units that face the adjoining Project site.
Table 2 provides the time periods on these days at which these outdoor ambient noise level measurements were performed by an attending Dudek field investigator using a SoftdB “Piccolo II” (last four digits of serial number [SN]:
2702) sound level meter (SLM) equipped with a 0.5-inch microphone shrouded by a factory-supplied open-cell foam windscreen. This SLM meets the current ANSI standard for a Type 2 instrument. The calibration status of the SLM was verified in the field using a calibrator (i.e., Rion NC-74 model [last four digits of SN: 7529] 94 dBA reference signal generator) before and after the SPL measurement surveys, and the measurements were conducted with the microphone positioned approximately 4 to 5 feet above the floor elevation of the balcony on which the measurement was taken. The SLM was set to detect SPL at a “fast” response rate, with A-weighting applied to decibels, consistent with CMC 41.04.150 definition for a sound level meter.
Photographs of the outdoor environmental conditions and these ST SLM positions appear in Attachment A.
Table 2. Investigator-Attended Measured Operational Outdoor Ambient Noise Levels Survey
Position
Observed/Perceived Sound
Sources Include:
Date (mm/dd/yyyy) and
Measurement Start and
End Times (hh:mm) Leq (dBA) Lmax (dBA) Lmin (dBA)
Unit 302
Balcony
Pressure washer and dryer
blower operation from the
“near” and “far” car wash
tunnels
08/19/2022
5:10 p.m.
5:19 p.m.
72.4 79.4 52.8
Unit 202
Balcony
Pressure washer and dryer
blower operation from the
“near” and “far” car wash
tunnels
08/19/2022
5:32 p.m.
5:47 p.m.
70.0 79.8 48.7
Unit 201
Balcony A
Pressure washer and dryer
blower operation from the
“near” and “far” car wash
tunnels; dropping barbells
from offsite gymnasium
08/19/2022
5:54 p.m.
6:20 p.m.
70.1 79.5 50.9
Unit 201
Balcony B
Pressure washer and dryer
blower operation from the car
wash tunnels; onsite vacuum
operation
08/20/2022
5:24 p.m.
5:49 p.m.
69.4 80.6 52.1
Source: Dudek 2022
Notes: Leq = energy-equivalent continuous sound level (time-averaged sound level); dBA = A-weighted decibels; Lmax = maximum sound level during the measurement period; Lmin = minimum sound level during the measurement period.
The short-duration samples of measured total sound appearing in Table 2 represent the amalgam of acoustical contributions from field-observed environmental conditions, which included nearby occasional roadway traffic, Attachment 6
City of Coronado Page 289
Memorandum
Subject: Philthy Philz Car Wash Operations Noise Level Compliance Monitoring 14689
6 September 2022
distant roadway traffic, intermittent aviation traffic, and operations of nearby outdoor commercial and residential land uses as well as their corresponding heating, ventilating, and air-conditioning (HVAC) systems.
Sources: Google Earth 2018; Dudek 2022
Figure 2. Short-term (ST) and 24-hour Measurement Locations at Regatta Bay Residential Unit Balconies (yellow = August 19, 2022; orange = August 20, 2022; blue = August 19-20, 2022) Figure 3 displays plots of Leq and L90 values during each of the August 19, 2022 measurements, which based on investigator observations and data analysis are tagged with the following annotations to describe the perceived cause of the acoustical peak or prominence:
• FDRY = audible operation of the dryer blowers mounted within the farther (i.e., with respect to the measurement position) of two parallel customer car wash service tunnels; • FWSH = audible operation of the pressure washers within the farther of two parallel customer car wash service tunnels;
• NDRY = audible operation of the dryer blowers mounted within the nearer of two parallel customer car wash service tunnels;
Unit 302
Balcony
Unit 202
Balcony
Unit 201
Balcony A
Unit 201
Balcony B
Unit 302 Balcony
(24-hour)
Attachment 6
City of Coronado Page 290
Memorandum
Subject: Philthy Philz Car Wash Operations Noise Level Compliance Monitoring 14689
7 September 2022
• NWSH = audible operation of the pressure washers within the nearer of two parallel customer car wash service tunnels; and
• XFIT = audible barbell drop sounds emanating from direction of known offsite gym facility.
Source: Dudek 2022
Figure 3. Display of Successive Short-duration SPL Measurements at Indicated Positions on August 19, 2022 The magnitudes of peaks shown in Figure 3 exhibit apparent regular patterns for the annotated sound sources.
Further support for the patterns of these Project noise sources appears in Attachment B, which displays the measured octave-band center frequency (OBCF) components of the short-duration SPL readings. When operating, the Project-attributed noise sources are reasonably “steady-state” or continuous in character as evidenced by the small dB difference between the Leq and L90 values. Intermittent sound sources in the outdoor ambient sound environment that are not associated with Project operations, such as the observed barbell drops, feature differences between Leq and L90 of several dB. Figure 3 suggests that these and other non-Project acoustical contributors during the measurement periods are typically less than 60 dBA in magnitude.
Similar to what is presented in Figure 3, Figure 4 displays annotated plots of Leq and L90 values during the SPL measurement on August 20, 2022 from a Unit 201 balcony position across from the Project onsite customer vacuum hose systems.
45 50
55 60
65 70
75 80
85 5:10:10 PM 5:11:10 PM 5:12:10 PM 5:13:10 PM 5:14:10 PM 5:15:10 PM 5:16:10 PM 5:17:10 PM 5:18:10 PM 5:19:10 PM 5:32:10 PM 5:33:10 PM 5:34:10 PM 5:35:10 PM 5:36:10 PM 5:37:10 PM 5:38:10 PM 5:39:10 PM 5:40:10 PM 5:41:10 PM 5:42:10 PM 5:43:10 PM 5:44:10 PM 5:45:10 PM 5:46:10 PM 5:47:10 PM 5:53:50 PM 5:54:50 PM 5:55:50 PM 5:56:50 PM 5:57:50 PM 5:58:50 PM 5:59:50 PM 6:00:50 PM 6:01:50 PM 6:02:50 PM 6:03:50 PM 6:04:50 PM 6:05:50 PM 6:06:50 PM 6:07:50 PM 6:08:50 PM 6:09:50 PM 6:10:50 PM 6:11:50 PM 6:12:50 PM 6:13:50 PM 6:14:50 PM 6:15:50 PM 6:16:50 PM 6:17:50 PM 6:18:50 PM 6:19:50 PM Sound Pressure Levels (SPL) on August 19, 2022
10-second dBA Leq 10-second dBA L90
Unit 302 Balcony Unit 202 Balcony Unit 201 Balcony NWSH NDRY NWSH FDRY NDRY FWSH NWSH NDRY FWSH FWSH FDRY NWSH NWSH NDRY XFIT NWSH NWSH NDRY FDRY NWSH NWSH NDRY NWSH NDRY FWSH FDRY Attachment 6 City of Coronado Page 291
Memorandum
Subject: Philthy Philz Car Wash Operations Noise Level Compliance Monitoring 14689
8 September 2022
Source: Dudek 2022
Figure 4. Display of the Short-duration SPL Measurement Unit 201 Balcony (position B) on August 20, 2022
4.2 Unattended Long-term Monitoring
On August 19, 2022, an unattended “24-hour” (a.k.a., “long-term” [LT]) SLM was also deployed at the southern corner of the Unit 302 balcony as appearing in Figure 2. Like the aforesaid SLM used to perform the short-duration measurement, the LT monitoring instrument was a SoftdB Piccolo II model (last four digits of SN: 0201) ANSI Type 2 SLM, which after field calibration check was activated via “auto” mode to run continuously for over a 24-hour period and record pertinent sound level metrics and statistical values to onboard instrument memory at successive 10-second intervals. Summarized results from this unattended SLM, retrieved on August 20, 2022, is presented as a plot of calculated one-hour Leq values in Figure 5. These hourly Leq values are derived from the hour of collected data starting with indicated time as shown in Figure 5; for example, the presented value at 6:38 p.m. represents the calculated hourly Leq value for readings from 6:38 p.m. to 7:38 p.m. 45 50
55 60
65 70
75 80
85 5:24:30 PM 5:25:00 PM 5:25:30 PM 5:26:00 PM 5:26:30 PM 5:27:00 PM 5:27:30 PM 5:28:00 PM 5:28:30 PM 5:29:00 PM 5:29:30 PM 5:30:00 PM 5:30:30 PM 5:31:00 PM 5:31:30 PM 5:32:00 PM 5:32:30 PM 5:33:00 PM 5:33:30 PM 5:34:00 PM 5:34:30 PM 5:35:00 PM 5:35:30 PM 5:36:00 PM 5:36:30 PM 5:37:00 PM 5:37:30 PM 5:38:00 PM 5:38:30 PM 5:39:00 PM 5:39:30 PM 5:40:00 PM 5:40:30 PM 5:41:00 PM 5:41:30 PM 5:42:00 PM 5:42:30 PM 5:43:00 PM 5:43:30 PM 5:44:00 PM 5:44:30 PM 5:45:00 PM 5:45:30 PM 5:46:00 PM 5:46:30 PM 5:47:00 PM 5:47:30 PM 5:48:00 PM 5:48:30 PM 5:49:00 PM Sound Pressure Levels (SPL) on August 20, 2022
10-second dBA Leq 10-second dBA L90
Project Site Vacuum
Operation WASHER DRYER WASHER DRYER WASHER DRYER
Attachment 6
City of Coronado Page 292
Memorandum
Subject: Philthy Philz Car Wash Operations Noise Level Compliance Monitoring 14689
9 September 2022
Source: Dudek 2022
Figure 5. Calculated Hourly Leq (dBA) from the 24-hour Unit 302 Balcony Monitoring Position 5 Compliance Assessment and Conclusions
5.1 Methodology
From the collected SPL data, it is necessary to distinguish between the non-Project and Project-caused acoustical contributors since only the latter should be used to assess Project noise emission compliance. Because the measurements and investigator observations support that the Project-attributed noise sources of concern are electro-mechanical equipment that tend to operate in a “steady-state” or continuous manner when active, aforementioned FHWA guidance suggests that these sources can be defined by L90 values during measured time intervals when they occur. Table 3 presents samples of these Project noise source L90 values during the short-term measurements at the Unit 302 balcony position, which was essentially co-located with the 24-hour SPL monitor. 45 50
55 60
65 70
75 4:58:20 PM 5:22:20 PM 5:46:20 PM 6:10:20 PM 6:34:20 PM 6:58:20 PM 7:22:20 PM 7:46:20 PM 8:10:20 PM 8:34:20 PM 8:58:20 PM 9:22:20 PM 9:46:20 PM 10:10:20 PM 10:34:20 PM 10:58:20 PM 11:22:20 PM 11:46:20 PM 12:10:20 AM 12:34:20 AM 12:58:20 AM 1:22:20 AM 1:46:20 AM 2:10:20 AM 2:34:20 AM 2:58:20 AM 3:22:20 AM 3:46:20 AM 4:10:20 AM 4:34:20 AM 4:58:20 AM 5:22:20 AM 5:46:20 AM 6:10:20 AM 6:34:20 AM 6:58:20 AM 7:22:20 AM 7:46:20 AM 8:10:20 AM 8:34:20 AM 8:58:20 AM 9:22:20 AM 9:46:20 AM 10:10:20 AM 10:34:20 AM 10:58:20 AM 11:22:20 AM 11:46:20 AM 12:10:20 PM 12:34:20 PM 12:58:20 PM 1:22:20 PM 1:46:20 PM 2:10:20 PM 2:34:20 PM 2:58:20 PM 3:22:20 PM 3:46:20 PM Long-term Sound Pressure Level (SPL) Monitoring from
4:58 p.m. August 19, 2022 to 5:05 p.m. August 20, 2022
Outdoor Ambient Hourly dBA Leq
Attachment 6
City of Coronado Page 293
Memorandum
Subject: Philthy Philz Car Wash Operations Noise Level Compliance Monitoring 14689
10 September 2022
Table 3. Measured Project Noise Emission Source Samples Survey
Position
Observed/Perceived Project
Operating Sound Source
Date (mm/dd/yyyy) and
Measurement Start and
End Times (hh:mm) Leq (dBA) L90 (dBA)
Leq – L90
(dB)
Unit 302
Balcony
“Near” tunnel dryer blowers
08/19/2022
5:11 p.m.
5:13 p.m.
76.4 75.4 1.0
Unit 302
Balcony
“Near” tunnel dryer blowers
08/19/2022
5:16 p.m.
5:18 p.m.
76.2 74.8 1.4
Unit 302
Balcony
“Far” tunnel dryer blowers
08/19/2022
5:15 p.m.
5:16 p.m.
72.8 72.0 0.8
Unit 302
Balcony
“Far” tunnel pressure washers
08/19/2022
5:18 p.m.
5:19 p.m.
62.5 61.2 1.3
Unit 302
Balcony
“Near” tunnel pressure washers
08/19/2022
5:10 p.m.
5:11 p.m.
67.9 66.6 1.3
Unit 302
Balcony
“Near” tunnel pressure washers
08/19/2022
5:13 p.m.
5:14 p.m.
66.5 65.1 1.4
Unit 201
Balcony B
Vacuum
08/20/2022
5:35 p.m.
5:39 p.m.
67.5 66.2 1.3
Source: Dudek 2022
Notes: Leq = energy-equivalent continuous sound level (time-averaged sound level); dBA = A-weighted decibels; L90 = sound level exceeded for a cumulative ninety percent (90%) of the measurement period.
Table 3 also presents a sample of the operating vacuum on the Project site, when a customer was using it to clean debris from his car’s interior. However, the measurement location for this specific vacuum sample was at Unit 201 balcony B and thus different from the Unit 302 balcony location.
To determine the hourly Leq contribution from the combination of intermittently operating Project pressure washers and dryer blowers, the following test was applied to each measured 10-second interval of the SPL data collected by the LT monitor at the Unit 302 balcony position: does the L90 exceed 61.2 dBA, the lowest sample value from Table 2 and associated with the “far” tunnel pressure washers? If the answer to the test condition is affirmative, that means the Project pressure washers or the louder dryer blowers must be operating and causing that elevated L90 value. Consequently, this acoustic energy would be counted towards the cumulative noise that would then be logarithmically averaged to calculate a Project-caused Leq value. While the measured outdoor ambient sound environment during the 24-hour period undoubtedly did include the sound of distant roadway traffic and distant operating HVAC, their sustained levels and character— based on the field observations and analysis of measured data—do not yield L90 values of 61.2 or greater in magnitude.
Attachment 6
City of Coronado Page 294
Memorandum
Subject: Philthy Philz Car Wash Operations Noise Level Compliance Monitoring 14689
11 September 2022
If the test condition is negative, then that means the Project’s major noise-producers were not operating at that time. Although such a 10-second interval would remain part of the hour-long time period over which the Project’s aggregate noise Leq would be calculated, there would be no acoustical energy to add.
The consequence of this succession of tested intervals is that the acoustical energy of the Project noise sources is diluted over a full hour and thus yields an energy-averaged value (i.e., the Leq metric) that may be directly compared with the City’s standard of 60 dBA during any daytime hour that may fall between 7:00 a.m. and 10:00 p.m. on any day of the week.
5.2 Findings
Figure 6 illustrates a comparison between the measured total or ambient sound level with the Project-only acoustic contribution on the basis of energy-averaging L90 values that represent major Project noise sources (i.e., operating pressure washers and dryers). These Leq values are contrasted with the City’s daytime and nighttime thresholds.
Source: Dudek 2022
Figure 6. Measured Total Sound versus Calculated Project-only Contribution 45 50
55 60
65 70
75 4:58:20 PM 5:30:40 PM 6:03:00 PM 6:35:20 PM 7:07:40 PM 7:40:00 PM 8:12:20 PM 8:44:40 PM 9:17:00 PM 9:49:20 PM 10:21:40 PM 10:54:00 PM 11:26:20 PM 11:58:40 PM 12:31:00 AM 1:03:20 AM 1:35:40 AM 2:08:00 AM 2:40:20 AM 3:12:40 AM 3:45:00 AM 4:17:20 AM 4:49:40 AM 5:22:00 AM 5:54:20 AM 6:26:40 AM 6:59:00 AM 7:31:20 AM 8:03:40 AM 8:36:00 AM 9:08:20 AM 9:40:40 AM 10:13:00 AM 10:45:20 AM 11:17:40 AM 11:50:00 AM 12:22:20 PM 12:54:40 PM 1:27:00 PM 1:59:20 PM 2:31:40 PM 3:04:00 PM 3:36:20 PM Long-term Sound Pressure Level (SPL) Monitoring from
4:58 p.m. August 19, 2022 to 5:05 p.m. August 20, 2022
Outdoor Ambient Hourly A-wtd Leq Calculated Project-only Hourly dBA Leq Daytime &
Evening
Limits
Daytime Limit
Nighttime Limit
Attachment 6
City of Coronado Page 295
Memorandum
Subject: Philthy Philz Car Wash Operations Noise Level Compliance Monitoring 14689
12 September 2022
Consistent with acoustic principles, the calculated Project-only hourly Leq values are, at any time, less than the measured outdoor ambient sound hourly Leq values. But because the Project noise sources of concern are so acoustically energetic when they occur, even for cumulative periods of time that are less than a full hour, their resultant hourly Leq values exceed the City’s standard over much of the 24-hour monitored period. The dramatic drop in calculated Project-only hourly Leq occurs only during nighttime hours—and hence, when the car wash facilities are not in use.
The results depicted in Figure 6, along with the supporting data and observations herein, appear to suggest that aggregate noise levels from major sound producers associated with normal Project operation exceed the City’s standards and would also constitute a violation of Standard Condition #13 from the Project SUP.
We trust that this technical memorandum meets your needs at this time. Should you have any questions or require additional information, please do not hesitate to contact Mark Storm at (760) 479-4297 or [email protected].
Sincerely,
_________________________
Mark Storm, INCE Bd. Cert.
Acoustic Services Manager
Attachment 6
City of Coronado Page 296
Memorandum
Subject: Philthy Philz Car Wash Operations Noise Level Compliance Monitoring 14689
13 September 2022
6 References
Caltrans. 2013. Technical Noise Supplement – A Technical Supplement to the Traffic Noise Analysis Protocol.
Sacramento, CA, September 2013.
City of Coronado. 2022. Coronado Municipal Code – Title 41. Passed April 19th. Last accessed May 22, 2022 at https://www.codepublishing.com/CA/Coronado/html/Coronado41/Coronado41.html Federal Highway Administration (FHWA). 2017. Sound Level Descriptors. FHWA-HEP-17-053. Updated May 26th.
Accessed August 25, 2022 at https://www.fhwa.dot.gov/Environment/noise/resources/sound_descr.cfm Attachment 6
City of Coronado Page 297
Attachment A
Photographs of Noise Survey Locations
Attachment 6
City of Coronado Page 298
Philthy Philz Car Wash Operations Noise Level Compliance Monitoring Attachment A Photographs of Noise Survey Locations
08/19/22 – Sound Level Meters (SLMs) at Position Unit 302 Balcony August 2022 (photo file ID# and view direction noted above; SLM encircled with yellow dashes) Dudek P#: 14689
2069 - Looking southwest 2070 - Looking southeast
Attachment 6
City of Coronado Page 299
Philthy Philz Car Wash Operations Noise Level Compliance Monitoring Attachment A Photographs of Noise Survey Locations
08/19/22 – Sound Level Meter (SLM) at Position Unit 202 Balcony August 2022 (photo file ID# and view direction noted above; SLM encircled with yellow dashes) Dudek P#: 14689
2076 - Looking southwest
2078 - Looking southeast
Attachment 6
City of Coronado Page 300
Philthy Philz Car Wash Operations Noise Level Compliance Monitoring Attachment A Photographs of Noise Survey Locations
08/19/22 – Sound Level Meter (SLM) at Position Unit 201 Balcony A August 2022 (photo file ID# and view direction noted above; SLM encircled with yellow dashes) Dudek P#: 14689
2082 - Looking southwest
2083 - Looking southeast
Attachment 6
City of Coronado Page 301
Philthy Philz Car Wash Operations Noise Level Compliance Monitoring Attachment A Photographs of Noise Survey Locations
08/20/22 – Sound Level Meter (SLM) at Position Unit 201 Balcony B August 2022 (photo file ID# and view direction noted above; SLM encircled with yellow dashes) Dudek P#: 14689
2088 - Looking southwest
2089 - Looking southeast
Attachment 6
City of Coronado Page 302
Attachment B
OBCF Components of the Short-term Measurement
Samples
Attachment 6
City of Coronado Page 303
Philthy Philz Car Wash Operations Noise Level Compliance Monitoring Attachment B Start Date Start Time LAeq LAFmax LAFmin LAF90% 31.563 125 250 500 1000 2000 4000 8000 8/19/2022 5:10:09 PM 58.7 59.5 57.8 58 28.1 36.1 42.9 47.7 48.8 50.6 53 53.8 44.2 8/19/2022 5:10:10 PM 66.9 69.6 57.7 58.1 34.2 41.8 46.4 50.5 53.2 58.2 62.3 62.3 56.7 8/19/2022 5:10:20 PM 68.6 70.6 67.1 68.1 29.6 44.3 46.9 50.7 54.8 60.6 64.2 63.9 58 8/19/2022 5:10:30 PM 67.4 68.3 66.4 66.8 31.6 43.7 45.6 50 52.8 58.9 62.9 62.9 57.1 8/19/2022 5:10:40 PM 68 68.9 66.9 67.4 31.6 45.4 47.9 51.3 54.8 59.9 63.4 63.3 57.9 8/19/2022 5:10:50 PM 68.3 69.2 64.1 67.5 32.1 41.9 48.7 51.4 57 59.8 63.7 63.4 58.2 8/19/2022 5:11:00 PM 65.2 72.6 60.9 61.7 31.4 40.1 51.4 56.9 60.6 58.4 56.6 57 48.6 8/19/2022 5:11:10 PM 65.4 70.2 62.2 63.1 31.2 41.4 49.1 54.5 60.8 59.4 57.3 57.1 48.3 8/19/2022 5:11:20 PM 62.8 65.3 60 60.6 30.4 36.9 43.6 50.6 54.2 56 57.2 57.4 48.2 8/19/2022 5:11:30 PM 60.9 64.2 58.1 58.8 31.5 35.8 42.3 47.8 49.4 53.4 55.7 56.4 46.9 8/19/2022 5:11:40 PM 61.6 66.9 58.9 59.4 32.5 39.9 43.8 49.1 53.9 54.9 55.5 56.4 46.8 8/19/2022 5:11:50 PM 73.9 76.5 63.9 70.4 32.3 45.1 52 60.6 68.9 69 68.2 61.2 50 8/19/2022 5:12:00 PM 76.4 78.1 75.2 75.8 29.9 49.4 52.4 61.6 71.7 71.9 70.2 63.2 51.8 8/19/2022 5:12:10 PM 77.5 78.5 76.5 77 28.4 46 51.2 62.2 72.8 72.5 71.8 64.2 52.7 8/19/2022 5:12:20 PM 77.6 79.4 76.4 77 27.4 44.3 51.9 62.4 73.2 72.1 71.8 64.2 52.5 8/19/2022 5:12:30 PM 77.8 79.3 76.8 77.2 25.5 45.9 52.5 62.6 73.5 72.4 72 64.1 52.7 8/19/2022 5:12:40 PM 77.7 78.8 76.7 77.1 28.2 44.7 51.1 62.2 73.2 72.5 71.9 64.9 56 8/19/2022 5:12:50 PM 77.6 78.7 76.6 77.1 33.8 47.3 52.1 62.5 73 72.3 71.9 64.9 55.7 8/19/2022 5:13:00 PM 74.4 78.9 65.6 66.5 27.2 41.7 49.6 60.8 69.8 69.1 68.4 62.3 54.5 8/19/2022 5:13:10 PM 64.7 65.7 63.8 64.2 28.1 38.4 44.1 51.4 54.8 56.9 58.9 59.9 54.8 8/19/2022 5:13:20 PM 62.8 65.7 58.8 59.2 28.7 37.2 42.6 49 52.1 54.3 57.2 58.5 52.8 8/19/2022 5:13:30 PM 60.3 63.1 58.2 58.6 27.4 33.7 42.3 47.6 50.9 53 54.2 55.6 47.5 8/19/2022 5:13:40 PM 62.8 64.4 58 59.3 26 35.7 43.1 47.6 50 55.4 57.3 58.1 53.4 8/19/2022 5:13:50 PM 64.6 65.5 63.1 63.6 25 37.9 43.2 48 51.2 56.4 59.2 60.2 55.6 8/19/2022 5:14:00 PM 60.4 63.2 58.1 58.5 23.7 33.8 40.9 47.2 47.8 52 55 56.6 47.5 8/19/2022 5:14:10 PM 67.3 70.5 58.2 59.1 29 42.8 45.6 51 53.4 59 62.6 62.7 56.9 8/19/2022 5:14:20 PM 67.2 68.7 66.1 66.4 30.8 43.6 44.5 49.8 53.8 58.9 62.6 62.7 56.7 8/19/2022 5:14:30 PM 67.5 68.9 66.6 67 24 44.6 45.9 51.2 53.7 58.9 62.8 63.1 57.2 8/19/2022 5:14:40 PM 68.2 68.9 65.6 67.8 24.7 38.3 46.6 51.2 53.7 59.4 63.5 63.8 58.3 8/19/2022 5:14:50 PM 63.5 65.9 61.1 62 24.2 35.9 43.9 49.3 51.9 55.7 57.2 59.9 50.8 8/19/2022 5:15:00 PM 64.2 70.8 55.9 57.6 26.8 40.9 46.8 53.4 57.8 58.8 57.5 56.1 48.6 8/19/2022 5:15:10 PM 72 73.2 70.1 70.9 27.3 47.5 51.7 59 65.7 66.2 66.3 64.1 57.8 8/19/2022 5:15:20 PM 73.4 74.4 72.2 72.5 25 45.7 52.5 60.2 68.8 67.1 66.9 64.4 58.4 8/19/2022 5:15:30 PM 72.4 73.5 71.4 71.9 24.4 42.4 52.3 60 69.3 66.3 64.8 59.4 49.6 8/19/2022 5:15:40 PM 72.7 74.3 71.2 72 26.5 43.5 52.5 60.2 69.9 66.4 64.8 59.5 49.6 8/19/2022 5:15:50 PM 73 75.6 71.4 72.1 25.8 41.8 51.9 60.1 70.4 66.6 64.7 59.4 49.5 8/19/2022 5:16:00 PM 72.9 74.1 71.6 72.2 27.2 42 52.6 60.5 70.2 66.5 64.8 59.4 49.7 8/19/2022 5:16:10 PM 72.8 76 70.7 72 26 43.4 52.5 60.3 70.4 66 64.4 59.1 49.4 8/19/2022 5:16:20 PM 63 71.1 55.4 56.2 31.1 37.2 46.9 54.4 60.2 56.7 53.8 48.2 39.5 8/19/2022 5:16:30 PM 54.4 57.1 52.9 53.5 24.7 32.3 42.2 46.3 49.3 48.9 46 42.6 36.2 8/19/2022 5:16:40 PM 71.9 76.6 52.8 56.4 26.7 39.6 47.6 58.3 67.5 66.6 66.2 57.5 45.7 8/19/2022 5:16:50 PM 76.3 77.9 74.6 75.2 36.6 47.4 52.8 61.4 72 71 70.5 62.7 50.9 8/19/2022 5:17:00 PM 75.6 76.4 74.5 75.1 29.8 48.9 54.9 62.8 70.9 71 69.3 62.3 51.5 8/19/2022 5:17:10 PM 75.3 76.6 74.2 74.5 32 48.1 52.8 61.5 70.3 71 69.2 61.9 50.7 8/19/2022 5:17:20 PM 76.9 78.9 74.9 75.6 29.8 48.4 52.4 61.7 72.4 72 71 63.3 51.6 8/19/2022 5:17:30 PM 77.4 78.5 76.3 76.7 27.4 46.3 52.9 62.6 72.6 72.3 71.7 64 52.2 8/19/2022 5:17:40 PM 77.6 79 76.6 77.1 34 47.2 52.6 62.4 72.9 72.5 72 64.2 52.4 8/19/2022 5:17:50 PM 76.4 78.6 68.4 70.9 29.7 45.1 54.8 62.7 71.9 71.3 70.5 62.9 51.3 8/19/2022 5:18:00 PM 63.2 68.8 56.7 57.5 24.7 36.3 49.7 54.6 58.8 57.9 55.6 47.6 37.5 8/19/2022 5:18:10 PM 56.6 61.2 54.6 55.3 28.2 36.7 46 48.8 52 51 48 42.6 34.3 8/19/2022 5:18:20 PM 62.5 66.8 56.6 58.3 23 35.2 46.6 49.8 53.7 56.2 56.3 56.2 52.6 8/19/2022 5:18:30 PM 63 64.8 61.9 62.1 22.9 37.1 44.9 48.9 52.6 54.9 57.2 58.2 54.1 8/19/2022 5:18:40 PM 61.8 63.4 60.8 61.1 21.7 38.6 43.7 48.5 53.6 54.6 55.6 56.1 52.3 8/19/2022 5:18:50 PM 62.1 63.6 61.3 61.6 27 38.5 44 48.9 54.1 54.3 55.8 56.5 53.2 8/19/2022 5:19:00 PM 62.9 64.9 59.8 62 23.4 36.5 44 49.7 54.9 54.3 56.6 57.6 54.3 1/1 Oct. (dBA)
copy-of-piccII_sn2702_STs_081922-082022 Dudek No. 14689 piccII_sn2702_STs_081922-082022 Attachment 6
City of Coronado Page 304
Philthy Philz Car Wash Operations Noise Level Compliance Monitoring Attachment B 8/19/2022 5:19:10 PM 55.8 59.8 53.3 53.9 21.3 31.7 44.7 45.4 49.9 50.5 48.8 45.9 40 8/19/2022 5:31:46 PM 51.6 59 49.9 50.1 28.9 34.8 38.6 43.1 45.4 45.4 45.8 40.5 32.6 8/19/2022 5:31:50 PM 50.6 51.8 49.8 50.1 28.4 35.4 38.9 42.4 45.7 44.9 42.3 38.4 29.4 8/19/2022 5:32:00 PM 50.5 53 48.9 49.5 28.2 33.8 38.5 42.6 45.7 45.2 41.9 36.4 30.2 8/19/2022 5:32:10 PM 50.2 56 48.7 49.3 30.7 36 39.1 42.3 45 44.2 42.2 38.2 31.6 8/19/2022 5:32:20 PM 51.4 55.5 49.6 50.1 29.9 36.2 40.1 43.1 46.6 45.7 43 37.2 29.9 8/19/2022 5:32:30 PM 52.4 58.2 49.6 50.2 35.4 43.2 45.2 43.8 46.5 45.1 44.1 39.2 32.1 8/19/2022 5:32:40 PM 52 56.1 49.5 50.2 36.7 41.9 44 44 46 45.7 42.8 38.9 29.4 8/19/2022 5:32:50 PM 53.2 57.8 49.8 51 37.1 44.5 46.8 45.5 46.8 45.4 42.4 39.4 31.6 8/19/2022 5:33:00 PM 51.9 55.6 49.6 50.3 35.4 43.1 46.7 44.2 45.4 44.2 41.3 37.2 30.2 8/19/2022 5:33:10 PM 51.6 53.8 49.3 49.9 31 34.8 39 41.9 45.7 45.2 43.5 42.4 40.9 8/19/2022 5:33:20 PM 52.9 53.9 51.7 52.4 29.3 32.4 38.8 42.5 45.8 45.6 44.3 45.4 45.9 8/19/2022 5:33:30 PM 52.6 55.1 50.9 51.2 29.3 34.1 41.1 43.5 46.6 47.1 44.3 42.5 40.8 8/19/2022 5:33:40 PM 54.1 56.8 51.7 52.7 31.8 37.1 44 45.6 48 49.2 46.1 42.5 36.2 8/19/2022 5:33:50 PM 52.8 56.4 51.3 51.7 30.4 36.9 43.8 45 48.4 46.1 42.9 39.9 36 8/19/2022 5:34:00 PM 55.6 60.1 52.4 53 29.4 38.8 46.3 46.8 52.1 49.6 44.4 39.8 36.4 8/19/2022 5:34:10 PM 66.5 71.4 55.6 56.3 29.2 40.4 50.3 52.9 56.5 57.9 60.6 61.4 58.8 8/19/2022 5:34:20 PM 69.2 71.7 68.3 68.5 30.4 41.6 48.2 54.2 60.4 61.8 63.4 63.5 60.3 8/19/2022 5:34:30 PM 67.5 68.8 66.9 67.1 30.6 41.6 46.6 50.9 55.6 58.5 62.2 62.7 59.3 8/19/2022 5:34:40 PM 67.9 68.6 67.2 67.6 30 39.8 45.7 50.2 55 59.2 62.7 63.2 60.1 8/19/2022 5:34:50 PM 69.1 70.3 68.2 68.6 24.5 35.5 47.2 50.7 54.8 59.4 63.7 64.8 62 8/19/2022 5:35:00 PM 64.9 69.3 52.8 53.3 26.9 35.3 41.9 47.6 50.9 55.2 59.3 60.7 57.9 8/19/2022 5:35:10 PM 54.4 56.6 52.7 53.1 28.7 44 40.4 44.7 47.6 47.9 46.9 45.4 42.7 8/19/2022 5:35:20 PM 54.2 57.9 52.6 52.9 31.9 36.3 40.2 45.5 47.7 47.8 46.8 45.4 42.4 8/19/2022 5:35:30 PM 51.5 53.3 50.4 51 33.2 34.7 39.3 42.8 45.9 45.7 43.5 40.9 37.4 8/19/2022 5:35:40 PM 53.8 56.3 51.4 51.8 37 35.3 40.1 43.5 47.4 49.2 46.3 42.5 38.7 8/19/2022 5:35:50 PM 71.5 78.8 53 54.3 35.1 42.2 46.7 57.7 67 67.2 64.9 56.9 46.8 8/19/2022 5:36:00 PM 76.8 78.7 75.4 75.8 35.3 46.5 53.7 63.5 72.9 71.4 69.7 63.9 54 8/19/2022 5:36:10 PM 77.8 79.8 76.3 76.8 34 47.9 55.2 64.8 74.5 72.1 70 64.2 55.8 8/19/2022 5:36:20 PM 76.4 77.8 75.2 75.8 28.9 45.9 52.9 61.7 72.8 71.2 69.3 62.7 52.6 8/19/2022 5:36:30 PM 77 78.6 75.5 76.3 29.1 43.4 53.3 62.8 72.4 72.4 70.4 64.8 54.8 8/19/2022 5:36:40 PM 77.3 78.7 76.5 76.8 31.5 43.3 53.6 63 72.6 72.9 70.5 64.9 55.3 8/19/2022 5:36:50 PM 76.3 77.5 75.4 75.8 35.9 44.2 52.4 62 72 71.2 69.8 64.3 54.2 8/19/2022 5:37:00 PM 75.5 77.5 68.9 71.9 33.4 44.1 51.7 62 71.6 70.4 68.6 63.1 53.1 8/19/2022 5:37:10 PM 63.4 70.3 56.1 57 36.3 43.6 48.2 55 59.4 58.2 54.9 48.7 42.2 8/19/2022 5:37:20 PM 55.2 64.7 51.6 52 26.8 35.7 42.5 48.6 50.6 48.6 45.9 44.2 39.7 8/19/2022 5:37:30 PM 51.6 53.2 50.4 51.1 24.1 35.1 40.4 43.6 46.3 45.4 43.1 40.5 38 8/19/2022 5:37:40 PM 52.6 58.3 51.1 51.4 27.4 37.4 42.2 44.1 47.4 46.8 44.1 40.3 37.1 8/19/2022 5:37:50 PM 62.3 64.7 50.8 51.4 24.5 36.8 41.9 47.4 49.8 52.5 56.7 57.9 54.7 8/19/2022 5:38:00 PM 62.4 63.5 61.3 61.6 23.2 39.7 41.3 46.8 50.1 53 56.8 58 54.5 8/19/2022 5:38:10 PM 61.6 62.1 61.2 61.3 21.7 36.4 40.3 46.9 49.2 51.9 55.8 57.2 53.9 8/19/2022 5:38:20 PM 62.8 63.7 61.6 62 21.4 35 39.9 47 49.8 52.7 56.9 58.5 55.8 8/19/2022 5:38:30 PM 60 63.9 51 52.3 22.1 32.5 39.4 45.1 48.5 50.5 54.2 55.6 52.5 8/19/2022 5:38:40 PM 53.5 56.7 51.9 52.3 22 31.1 38.5 42.7 47.8 46.5 45.2 46.4 43.5 8/19/2022 5:38:50 PM 61.6 63.4 50.9 51.8 23.5 32.7 39.4 46.2 51.2 53.3 56 56.5 53.7 8/19/2022 5:39:00 PM 63.2 64.3 56.4 59.7 22 34.2 39.3 46.3 51.6 54.3 57.3 58.4 56.1 8/19/2022 5:39:10 PM 55.3 62.6 51.4 52.1 27.1 37.4 41.5 45.3 50 50 48.5 44.6 36.6 8/19/2022 5:39:20 PM 53.7 61.7 50.6 51.1 28.7 35.5 39.7 43.7 49.6 48.4 45.2 40.5 33.5 8/19/2022 5:39:30 PM 56.6 64.8 51.4 51.8 32.9 40.4 42.6 43.9 52.8 51.4 47.2 42.6 33.6 8/19/2022 5:39:40 PM 55.6 61.3 51.1 52.6 27.3 34.8 40.8 45 50.7 48.4 47.5 47.4 45.3 8/19/2022 5:39:50 PM 53.7 56.7 51 52.3 29.7 37.5 40.8 43.2 47.6 46.9 46.2 45.7 42.9 8/19/2022 5:40:00 PM 53.8 62.1 51.3 51.9 29.2 36.8 41.3 43.6 47.9 48.5 46.5 43.8 39.1 8/19/2022 5:40:10 PM 55.6 63.5 52.3 53 32.7 39 43.9 45.7 50 50.9 47.6 43.1 36.9 8/19/2022 5:40:20 PM 55.8 60.7 52.1 53.1 27.7 37.1 41.3 46.5 50.5 51 48.6 44.1 37.9 8/19/2022 5:40:30 PM 54.9 60.8 51.4 51.9 24 32.8 42.1 50.9 50.4 47.4 45.3 41.6 35.1 8/19/2022 5:40:40 PM 68.1 72 54 57.3 25.7 37.4 46.1 56.3 64.3 62.6 61.4 55.2 45.9 8/19/2022 5:40:50 PM 72.5 73.6 71.3 71.9 30.2 44.1 49.3 59.2 69.1 66.6 65.5 60.4 50.8 8/19/2022 5:41:00 PM 72.5 74.2 71.4 71.9 34.5 45.6 50.6 59.6 69 66.9 65.5 60.3 50.4 8/19/2022 5:41:10 PM 72.3 73.4 71.2 71.7 34.6 44.6 50.1 59.3 68.7 66.7 65.4 60.2 50.2 copy-of-piccII_sn2702_STs_081922-082022 Dudek No. 14689 piccII_sn2702_STs_081922-082022 Attachment 6
City of Coronado Page 305
Philthy Philz Car Wash Operations Noise Level Compliance Monitoring Attachment B 8/19/2022 5:41:20 PM 72.5 73.8 71.3 71.8 31.9 42.4 49.7 60.2 68.7 67.2 65.5 60.2 50.3 8/19/2022 5:41:30 PM 71.9 73.5 70.7 71.2 33.3 46.6 48.2 59.7 68.1 66.5 64.9 59.9 50 8/19/2022 5:41:40 PM 71.7 72.7 70.8 71.2 32.3 48.8 48.1 59.1 67.5 66.1 65.2 60.1 50.5 8/19/2022 5:41:50 PM 71.2 74.5 61.1 64.6 32.8 45.5 49.6 59 67.6 65.7 64.1 59 50 8/19/2022 5:42:00 PM 58.1 61.4 54.2 55 32.5 41.2 42.3 50.3 53.6 51.9 49.5 45.8 43.7 8/19/2022 5:42:10 PM 55.2 59.6 52.1 52.9 29 36.5 41.1 45.2 50.1 49.2 47.9 45.5 39 8/19/2022 5:42:20 PM 58.7 63.7 52.3 54 30.3 40.8 41.7 45.6 49.7 50.6 52.8 54.3 43.1 8/19/2022 5:42:30 PM 58.8 62.6 54.4 55.9 29.2 44.8 43.4 47.2 50.7 52.1 52.7 52.9 42.6 8/19/2022 5:42:40 PM 57.7 63.4 51.8 53.7 31.5 37.4 41.7 46.4 50.8 50.4 51.3 52 41.7 8/19/2022 5:42:50 PM 57.4 62.8 52.9 53.9 29.2 39.1 39.9 44.7 50.6 50.1 50.9 52 43.7 8/19/2022 5:43:00 PM 56.3 62.1 51.7 53.2 25.7 37.2 41.3 45.3 49.4 49 49.5 50.7 41.7 8/19/2022 5:43:10 PM 58.3 65.3 52.1 53.9 25.7 36.4 43.2 47 51.4 50.7 52.1 52.6 42.2 8/19/2022 5:43:20 PM 62.4 69.8 51.3 52.7 25.7 40.2 41.9 46.1 50.2 52.8 56.8 57.9 54.9 8/19/2022 5:43:30 PM 68.4 69.6 67.3 67.6 26.8 39.2 43.8 49.4 54.1 59.2 63.3 64 60.7 8/19/2022 5:43:40 PM 67.7 69.5 66.9 67.1 27.5 39.1 43.6 49.1 53.4 57.8 62.6 63.5 59.9 8/19/2022 5:43:50 PM 68.8 69.9 67.7 68 24.3 36.8 46 50.1 54.6 59.1 63.4 64.4 61.4 8/19/2022 5:44:00 PM 65.5 69.3 50.6 51.8 23.6 34.9 42.9 47.2 51.7 55.6 60 61.3 58.1 8/19/2022 5:44:10 PM 55.3 63.6 51.8 52.4 26.4 34.4 40.3 43.9 47.6 47.9 47.9 50.2 43.3 8/19/2022 5:44:20 PM 66.8 69.2 51.4 52.5 25.4 40.4 43.5 50.5 53.4 58.2 61.4 62.2 58.8 8/19/2022 5:44:30 PM 69.6 70.5 69 69.2 23.8 40.4 45.7 52.4 55.6 60.7 64 65.2 62.3 8/19/2022 5:44:40 PM 65.5 70.7 50.8 52.2 25.5 35.2 44.2 49.4 52 56 59.6 61 58.5 8/19/2022 5:44:50 PM 51.6 55.4 49.9 50.2 31.3 37.7 41.7 44 46.7 45.3 42.7 39.6 32.7 8/19/2022 5:45:00 PM 52 59.5 49.4 50.2 35.6 42.5 44.8 43.5 46.1 45.1 42.2 38.9 32 8/19/2022 5:45:10 PM 53.7 58.1 51 52.1 36.1 43.6 46.4 46.6 47.2 46 44.5 42.4 39.2 8/19/2022 5:45:20 PM 55.4 59.5 53.3 53.6 26.6 39.8 43.4 45.8 48.7 49.8 48.3 46.1 41.9 8/19/2022 5:45:30 PM 53.7 56.7 50.9 52 29.6 35 40.9 45.5 46.9 49.2 45.7 42.5 39.9 8/19/2022 5:45:40 PM 56.1 61.5 50.6 50.9 29.4 39 42.6 45 48.3 51.9 50.6 43.5 38 8/19/2022 5:45:50 PM 66.8 73.7 51.5 54 28.7 37.8 43.8 53.5 62.8 62.1 59.9 52.2 42.7 8/19/2022 5:46:00 PM 75.8 78.5 71.5 72.6 37.5 47 53.2 62.6 71.5 71.1 69 62.5 52.2 8/19/2022 5:46:10 PM 77.4 79.2 76.1 76.6 33.9 44.3 54.2 63.4 74 72 69.8 63.8 53.8 8/19/2022 5:46:20 PM 77 78.3 76 76.4 32.4 44.4 53.8 63.7 73.1 71.8 69.6 63.8 53.9 8/19/2022 5:46:30 PM 76.8 78.7 75.3 75.9 31.2 44.6 54 62.2 73.1 71.7 69.4 63.2 53 8/19/2022 5:46:40 PM 77.2 78.4 76.1 76.6 31.1 41.8 53.9 62.8 73.3 72.3 69.9 64.2 54.2 8/19/2022 5:46:50 PM 77 78.1 76 76.4 31.6 45.9 52.7 63.1 72.9 72.2 69.9 64.2 53.8 8/19/2022 5:47:00 PM 77 78 76 76.4 23.6 43.8 51.5 63 73.1 72.1 69.9 64.1 53.7 8/19/2022 5:47:10 PM 69.7 76.4 58.1 60.1 22.9 40.6 50 58.5 67 64.1 61.2 55 44.8 8/19/2022 5:47:20 PM 55.1 60.1 50.9 51.6 21.9 31.5 40.3 49.4 50.7 49 46 40.6 32.2 8/19/2022 5:47:30 PM 51.3 52.4 50.2 50.6 21.2 31.7 39.4 43.6 46.6 46.4 42.1 36.1 29.4 8/19/2022 5:53:44 PM 59.1 67.2 55.5 55.9 29.7 38.1 46.9 51 55 52.5 51.8 45.5 40.9 8/19/2022 5:53:50 PM 61.9 70.2 54.9 55.8 27.4 35 46.8 55.1 58.2 55.1 53.2 48.2 40 8/19/2022 5:54:00 PM 59 69.2 54.6 55.2 25.4 35.6 45.6 49.5 55.2 52.5 51.2 47.7 40.4 8/19/2022 5:54:10 PM 59.5 67.7 54.7 55.4 25.6 35.8 45.4 50.2 54.9 53.9 51.7 47.5 39.8 8/19/2022 5:54:20 PM 60.1 67.9 54.4 54.9 24.6 37.1 45.4 50 56.7 54.8 51.4 43.5 34.8 8/19/2022 5:54:30 PM 56.8 61.5 54.3 54.8 25.9 35.2 43.1 47.8 51.6 51.8 49.4 43.3 35.9 8/19/2022 5:54:40 PM 55.7 58.8 54.4 54.9 25.5 35.9 43.1 47.7 50.3 50.7 48.2 41.8 35 8/19/2022 5:54:50 PM 56 63.3 54 54.4 24.8 35.7 44.3 48 51 50.7 48.1 42.4 34.8 8/19/2022 5:55:00 PM 56.6 66.3 54 54.6 24.4 35 45.3 47.5 52.7 50.7 47.1 41.3 33.8 8/19/2022 5:55:10 PM 56.6 65.1 54.2 54.8 24.1 35.3 45.6 47.5 52.7 50.4 48.4 41.6 32.9 8/19/2022 5:55:20 PM 58.8 67 54.4 55.1 27.4 37.5 45.4 47.9 52.2 51.5 51.9 53 43.3 8/19/2022 5:55:30 PM 60.8 68.5 54.9 55.7 28.8 39 46.4 48.9 54.1 53.1 54.4 55.3 45.8 8/19/2022 5:55:40 PM 59.8 67.1 54.1 54.6 29.8 39.4 45.9 48 50.8 51.6 53.3 55.5 45.4 8/19/2022 5:55:50 PM 55.9 62.8 53.7 54.4 25.5 35.5 45.5 47.9 50.5 50.1 47.8 44.1 35.5 8/19/2022 5:56:00 PM 57.7 69.5 53.2 53.8 26.7 36.6 45.2 47.2 49.6 49.6 50.7 52.9 43.5 8/19/2022 5:56:10 PM 58.9 69.2 54.5 55 26.2 36.3 44.3 46.9 49.1 50.8 52.5 54.5 46.6 8/19/2022 5:56:20 PM 59.8 68.6 54.2 54.5 29.6 39.2 43.9 46.4 49.3 51.4 53.4 56 47.7 8/19/2022 5:56:30 PM 58.2 67.4 53.3 53.9 29.4 38.2 44.4 46.3 48.8 50 51.4 54 44.9 8/19/2022 5:56:40 PM 54.6 56.1 53.5 53.9 26.9 36 44.8 46.3 48.8 48.7 46.9 43.4 38.6 8/19/2022 5:56:50 PM 58.9 67.2 52.9 53.6 27.6 37.8 43.9 46.2 49.4 50.7 52.2 54.8 45.8 8/19/2022 5:57:00 PM 57.6 66.1 53.1 53.6 27.8 38.8 43.8 46.5 48.9 50.4 50.9 52.6 44.5 copy-of-piccII_sn2702_STs_081922-082022 Dudek No. 14689 piccII_sn2702_STs_081922-082022 Attachment 6
City of Coronado Page 306
Philthy Philz Car Wash Operations Noise Level Compliance Monitoring Attachment B 8/19/2022 5:57:10 PM 60.6 68.7 53.5 53.9 28.6 40.2 43.7 46.4 51.6 54.6 53.6 56 46.7 8/19/2022 5:57:20 PM 60.2 67.7 53.8 54.9 26.9 40.2 45 47.7 50.6 52.4 54.4 55.4 47.2 8/19/2022 5:57:30 PM 60 67.1 54.5 55.1 29.8 39.1 44.2 46.6 50.2 53.3 53.9 55 47.6 8/19/2022 5:57:40 PM 59.1 65.8 54.1 55 27.1 39.9 44.2 46.7 50.1 52.1 53.9 53.2 45.5 8/19/2022 5:57:50 PM 59 67 53.2 53.9 26.4 37.8 43.4 46.6 49.8 52.9 53.8 52.6 44.1 8/19/2022 5:58:00 PM 60 69.2 53.8 54.1 27.1 39 44.9 47.6 50.3 52.9 54.6 54.8 45.5 8/19/2022 5:58:10 PM 66.3 71.1 53.8 55 25.3 39.4 46.7 49.9 52.8 57.6 61 62 57.6 8/19/2022 5:58:20 PM 71.8 73.5 70.6 70.7 27.1 38 48.6 52.9 57.3 62.5 66.6 67.7 63.6 8/19/2022 5:58:30 PM 72.1 75 70.4 70.7 29.1 39.5 47.6 52.5 57.5 62.8 66.9 67.9 64 8/19/2022 5:58:40 PM 71.8 73.3 70.5 70.8 29.4 40.1 49.9 54.7 58.2 62.6 66.5 67.5 63.5 8/19/2022 5:58:50 PM 69.8 70.5 69 69.4 28.4 36.9 48.4 53 56.9 61.1 64.6 65.4 61.2 8/19/2022 5:59:00 PM 68.3 69.8 56.2 61.2 28.8 37.1 47 51.1 54.3 58.5 62.9 64.2 60.1 8/19/2022 5:59:10 PM 56.3 62.9 54.7 55.2 24.2 35.6 45.6 47.3 50.8 49.6 47.9 47.8 42 8/19/2022 5:59:20 PM 66.9 72.2 55.5 55.8 24.8 35.5 45.6 49.5 54.9 58.5 61.3 62.6 58.1 8/19/2022 5:59:30 PM 71.4 73.5 70.1 70.4 26.8 39.9 47.1 51.5 56.8 62.2 65.9 67.5 63.2 8/19/2022 5:59:40 PM 67.7 70.5 53.8 54.5 24.4 36 46.2 49.8 54.1 59.3 62.2 63.5 59 8/19/2022 5:59:50 PM 55.7 60.6 53.4 54 23.6 34.8 46.2 48 50.6 49.7 47.6 42.2 35.6 8/19/2022 6:00:00 PM 54.7 58.8 53.2 53.8 23.2 34.6 45.1 47.4 49 49.1 46.4 41.7 34.9 8/19/2022 6:00:10 PM 57 64.5 53.3 54.2 23.6 34.5 45.6 47.5 51 50.9 49.3 49.3 40.2 8/19/2022 6:00:20 PM 59.2 66.3 54.3 54.9 23.1 35.8 44.3 47.3 49.8 51.1 52.8 54.6 47.4 8/19/2022 6:00:30 PM 57.6 59 55.5 56.7 30 37 43.3 46.7 50 49.3 49.8 51.9 48.8 8/19/2022 6:00:40 PM 57 64.2 54.4 55.1 24.5 34.7 42.9 46.5 50.1 49.3 49.8 50.9 46.3 8/19/2022 6:00:50 PM 56.2 57.5 55.1 55.6 23 34.5 43.6 46.9 49.5 49.7 48.9 48.3 45 8/19/2022 6:01:00 PM 59 67.4 54.3 55.2 25.4 38.7 45.5 48.4 50.6 51.6 51.8 53.5 48.2 8/19/2022 6:01:10 PM 59.5 66.7 55.8 56.3 26.6 37.6 47 48.8 53.1 52.3 52.9 53.1 44.1 8/19/2022 6:01:20 PM 61.4 67.6 55.3 55.6 34.6 36.7 44.6 47.5 51.4 52.6 56 56.4 52.1 8/19/2022 6:01:30 PM 65.6 68.3 64.1 64.5 31.7 39.3 50 51.7 53.3 56.2 60.1 61.3 56.4 8/19/2022 6:01:40 PM 66.7 67.7 66 66.3 30.2 38.1 47.5 51.3 54.4 58 61.1 62.3 58.2 8/19/2022 6:01:50 PM 71 75.7 65.8 66.2 37.2 47.4 50.1 58.1 65 65.4 64.9 62.3 57.6 8/19/2022 6:02:00 PM 75.9 77.4 73.9 74.7 37.5 53.9 54.3 62.6 71.1 71 69.4 64.5 56.6 8/19/2022 6:02:10 PM 76.3 77.2 75.3 75.8 36.7 54.7 54.4 63.8 70.8 71.6 70.3 65.1 55.9 8/19/2022 6:02:20 PM 76.9 78 75.4 76.1 35.1 52 53.8 64.2 71.9 72.2 70.7 64.9 53.7 8/19/2022 6:02:30 PM 78.1 79.5 76.6 77.2 34.7 51.2 56.1 66 73 73.3 72 65.8 54.6 8/19/2022 6:02:40 PM 78.1 79.1 77.3 77.6 35.2 52.1 57 65.8 73.2 73.2 72 66.3 55 8/19/2022 6:02:50 PM 77.3 78.5 75.9 76.4 37.6 52.8 56.6 65.4 72.4 72.4 70.9 65.5 54.2 8/19/2022 6:03:00 PM 75.3 77.5 69.6 71.1 35.5 49.8 53 63.2 70.7 70.4 68.9 63.4 52.1 8/19/2022 6:03:10 PM 63.5 69.6 58.3 58.8 35.7 40.3 46.3 55 58 57.7 55.9 55 46.2 8/19/2022 6:03:20 PM 62.7 70.6 56.4 57 39.1 40.5 46.1 51.7 55.1 56.3 56 56.8 47.6 8/19/2022 6:03:30 PM 69.6 71.8 66 66.6 41.3 43 51.5 57.1 64.6 64.6 63.4 58.8 48.5 8/19/2022 6:03:40 PM 72 73.6 70.9 71.2 42.2 48.5 52.8 59.7 66.9 67.4 65.6 60.6 49.6 8/19/2022 6:03:50 PM 72.1 73.7 70.6 71.4 42.3 48.3 52.3 59.5 67.2 67.1 66 61.2 50.4 8/19/2022 6:04:00 PM 72.8 73.7 72.1 72.4 41.8 49.6 53.9 61.3 67.6 67.8 66.6 61.8 50.8 8/19/2022 6:04:10 PM 72.5 73.4 71.6 72 37.5 47.9 52.8 60.1 68.1 67.6 65.9 60.4 50.1 8/19/2022 6:04:20 PM 72.3 73.8 69.6 70.7 37.5 46.9 51.9 60.3 68.1 67.4 65.4 59.7 49.1 8/19/2022 6:04:30 PM 72.6 74.5 70.1 70.9 37.3 46.1 53.2 60.1 68.6 67.3 65.8 60.1 49.2 8/19/2022 6:04:40 PM 70.6 72.8 63.4 66.1 36.7 41.9 50.9 57.5 62.7 62.9 64.7 65.1 60.8 8/19/2022 6:04:50 PM 72.1 73.6 70.6 70.9 36.8 35.8 48 54.1 57.4 63.1 66.6 68 64.1 8/19/2022 6:05:00 PM 70.6 71.2 69.9 70.2 36.7 38.1 47.3 51.9 55.8 61.1 65.5 66.5 62.2 8/19/2022 6:05:10 PM 70.2 72.7 64.8 69.6 36.8 35.7 45.2 50.7 54 60.2 65.1 66.2 62.2 8/19/2022 6:05:20 PM 56.3 64.7 53.4 54.2 36.6 35.8 41.8 46 48.4 48.6 49.1 50.9 45.6 8/19/2022 6:05:30 PM 67 73.3 53.3 53.7 36.6 36.7 43.3 48.9 53.5 58.9 61.5 62.8 58.4 8/19/2022 6:05:40 PM 71.4 72.6 70.7 71 36.3 39.6 46.1 51.9 56.4 62.2 66.1 67.4 63.1 8/19/2022 6:05:50 PM 69.3 74 53.3 53.8 36.1 37.3 44.9 49.4 58.1 64.4 62.9 63.4 59.1 8/19/2022 6:06:00 PM 66.5 79.3 53.4 53.6 36.5 38.2 44.2 46.2 58.9 64.5 59.1 45.1 36.4 8/19/2022 6:06:10 PM 53.8 57.9 52.7 53.3 36 36.6 44.2 46.3 48.3 47.9 45.3 41 33.8 8/19/2022 6:06:20 PM 55.2 56.4 53.4 53.8 36.3 38.1 44.7 46.9 49.1 48.8 47.4 45.7 41.9 8/19/2022 6:06:30 PM 56.4 57.4 55.7 56 33.9 36.2 47.6 49.8 49.6 49.5 48.1 46.5 42.4 8/19/2022 6:06:40 PM 59.2 69.6 54.1 54.7 33 36.6 46.5 51.8 56.8 51.2 46.8 44.1 39.2 8/19/2022 6:06:50 PM 55.1 56.3 54.2 54.6 33 35 45.9 49.5 48.9 48.3 46.2 43.5 38.4 copy-of-piccII_sn2702_STs_081922-082022 Dudek No. 14689 piccII_sn2702_STs_081922-082022 Attachment 6
City of Coronado Page 307
Philthy Philz Car Wash Operations Noise Level Compliance Monitoring Attachment B 8/19/2022 6:07:00 PM 69.9 75.4 53.9 54.7 36.5 47.3 50.5 60 64.9 65.2 63.4 56.3 45.2 8/19/2022 6:07:10 PM 76.3 77.6 74.1 74.7 33.9 53.7 54.3 63.3 71 71.8 70.3 64.1 52.7 8/19/2022 6:07:20 PM 77 77.8 76.3 76.5 33.7 51.4 54.7 63.8 72.1 72.2 71.1 64.8 53.5 8/19/2022 6:07:30 PM 77.5 78.6 76.6 76.9 33.4 51.6 54.1 64 72.5 72.7 71.6 65.3 53.9 8/19/2022 6:07:40 PM 78 79 77.1 77.4 33.9 50.9 54.2 64.5 73.3 73.2 71.9 65.6 53.9 8/19/2022 6:07:50 PM 77.5 78.5 76.7 77 35.4 51.7 53.9 64.3 72.8 72.7 71.4 65.3 53.9 8/19/2022 6:08:00 PM 77.2 78.1 76.4 76.7 36.3 52.5 53.1 64 72.6 72.3 71.2 64.6 53.2 8/19/2022 6:08:10 PM 76.3 77.7 71.1 73.3 36 51 53.5 63.8 71.8 71.5 69.9 63.9 52.4 8/19/2022 6:08:20 PM 64.1 72.4 56.5 57.1 37.6 38.2 48.5 55.3 60.1 59.1 56.1 50.6 41.5 8/19/2022 6:08:30 PM 56.2 60.1 54.5 55 40.6 33.7 44.9 49.2 51.8 50.4 46.5 42.4 36.6 8/19/2022 6:08:40 PM 55.5 57.4 53.9 54.6 39.6 36.1 45.4 47.4 50.5 49.4 45.7 44.1 41.9 8/19/2022 6:08:50 PM 57.7 63.3 55 55.5 39.5 36.8 45.7 50.1 54.4 50.1 46.7 45.2 43.2 8/19/2022 6:09:00 PM 55.5 59.7 53.3 53.9 40 35.2 45.5 48.2 50.8 49.3 45.5 42.6 39.5 8/19/2022 6:09:10 PM 55.2 59.7 53 53.5 39.9 34.6 45.7 48.2 50.6 49 45.3 41.9 36.7 8/19/2022 6:09:20 PM 54.8 63.6 52.1 52.8 39.4 36.5 44.8 46.8 48 47.7 48.2 45.3 39.1 8/19/2022 6:09:30 PM 69.6 72.8 52.6 53.7 38.4 39.1 47.1 50.5 53.9 59.9 64.4 65.5 61.5 8/19/2022 6:09:40 PM 71.7 72.8 70.8 71 38.5 41.4 48.2 52.6 57.6 62 66.3 67.7 63.7 8/19/2022 6:09:50 PM 70.4 71.1 69.8 70 38.6 38.7 48.9 52 56.3 61.3 65.2 66.2 62 8/19/2022 6:10:00 PM 69.8 70.4 69 69.5 38.7 37.2 47.9 52.3 55.2 60.5 64.7 65.5 61.3 8/19/2022 6:10:10 PM 68.6 71 52.6 54.1 38.2 35.1 46.3 50.2 52.7 58.3 63.4 64.7 60.7 8/19/2022 6:10:20 PM 54.5 57.7 52.7 53.5 38.5 36.8 44.6 46.1 47.9 48.2 46.9 45.2 41.1 8/19/2022 6:10:30 PM 54.8 56.5 53.8 54.2 38.6 36.4 44.3 46.1 48.4 48 47.3 46.3 42.6 8/19/2022 6:10:40 PM 54.2 58.2 52.4 53 38.9 36 42.8 46.6 48.2 47.8 46.1 44.7 40.8 8/19/2022 6:10:50 PM 53.9 56.2 52.6 53.2 39.4 35.4 41.6 46.2 48.3 48.4 45.6 42.8 38.4 8/19/2022 6:11:00 PM 67 72.3 53 53.4 40.2 40.4 46.4 56.5 62.1 62.3 60.3 53.1 42.5 8/19/2022 6:11:10 PM 75.1 77.6 71.4 73.4 34.3 51.8 52.6 63 70.7 70 68.7 62.2 51 8/19/2022 6:11:20 PM 76.4 77.7 75.1 75.6 31.7 54.3 53.5 62.7 72.5 70.9 69.8 63.4 52.1 8/19/2022 6:11:30 PM 76.5 77.9 75.6 75.9 32.8 52.7 54.1 63.7 71.9 71.7 70.1 63.9 52.8 8/19/2022 6:11:40 PM 77.5 78.4 76.4 77 35.2 53.7 55 65.4 72.4 73.1 71 64.8 53.6 8/19/2022 6:11:50 PM 77.6 79.1 76.5 77 38.8 51.8 54.4 63.7 72.7 73.1 71.3 65.1 54 8/19/2022 6:12:00 PM 77.7 78.6 76.6 77.2 40.3 51.4 54.2 64.3 72.5 73.2 71.6 65.5 54.2 8/19/2022 6:12:10 PM 77.1 78.1 75.6 76.5 33.4 52.7 54 64.4 72.7 72 70.7 64.7 53.3 8/19/2022 6:12:20 PM 67.7 75.5 58.3 59.1 29.7 38.9 50.3 59 63.8 62.6 59.8 53.2 42.5 8/19/2022 6:12:30 PM 55.4 58.9 52.6 53 24.1 34.5 43.1 50 50.8 49.7 45.4 40 32.4 8/19/2022 6:12:40 PM 54.8 63 51.8 52.4 25.5 34.5 43.1 47 49.8 48.8 46.4 43.1 34.3 8/19/2022 6:12:50 PM 54.2 57.2 51.7 52.5 34.4 34.5 42.6 46.9 49.9 47.7 45.4 42.6 32.6 8/19/2022 6:13:00 PM 54.6 60.6 52.2 52.4 41.9 35.3 44.1 47.2 49.6 48.3 46.1 42.1 34.3 8/19/2022 6:13:10 PM 58.8 68.8 50.9 51.6 38 38.5 44.3 48.8 50.4 48.4 55.6 50.8 39.3 8/19/2022 6:13:20 PM 54.7 61.6 51.2 51.6 37.5 34.6 42.5 47.2 51.1 48.3 44.7 40.2 31.4 8/19/2022 6:13:30 PM 55.2 59.8 52.1 53.3 33.7 34.5 42.5 47.5 51.4 48.4 46.9 40.3 31.3 8/19/2022 6:13:40 PM 57.1 62.7 51.9 52.4 30.7 33.9 45.2 50.1 52.7 50.2 49.5 44.9 36.6 8/19/2022 6:13:50 PM 60.7 68.1 51.8 53.5 28.4 34.5 47.4 52.5 57.7 54 51.6 44.8 39.7 8/19/2022 6:14:00 PM 57.8 66 51.7 52.2 28.5 35.7 44.4 50.2 54.6 50.3 49.5 44.8 39.8 8/19/2022 6:14:10 PM 60.5 70.1 51.8 54.6 28.5 34.6 45.6 51.5 57.6 53.3 51.7 47 41.3 8/19/2022 6:14:20 PM 61 71.6 52.2 52.9 29.3 34.9 45.5 49.3 58.6 53.3 52 47 38.8 8/19/2022 6:14:30 PM 58.6 65.4 52.6 53.9 29.4 36 43.7 48.5 54.4 51.5 52.3 48 39 8/19/2022 6:14:40 PM 62.9 69.5 53 53.3 30.3 37.1 42.6 47.8 51.1 53.6 57.7 58.3 54 8/19/2022 6:14:50 PM 65.8 66.5 65 65.3 31.8 39.5 43.5 48.6 52.7 56.4 60.4 61.5 57.4 8/19/2022 6:15:00 PM 65.5 66.7 63.9 64.7 29.8 38.8 44.2 49 53.3 56.4 59.9 61.3 57.3 8/19/2022 6:15:10 PM 63.6 64.7 62.8 63.1 29.3 35 42.3 47.6 50.8 54 58.3 59.5 55.3 8/19/2022 6:15:20 PM 62.5 63.9 52.5 56.7 28.8 35.8 42.4 47.1 49.8 53 57.1 58.4 54 8/19/2022 6:15:30 PM 53.4 56.7 52.1 52.7 29.2 33.6 41.8 46.1 48.2 47.8 44.7 41.2 35.7 8/19/2022 6:15:40 PM 54.4 60.8 52.7 53 29.2 33.3 42.2 46.6 49.2 48 47.5 42.5 37.4 8/19/2022 6:15:50 PM 54.8 57.5 53.2 53.7 30.8 34.5 42.1 46.6 48.7 48 47.5 45.9 42.3 8/19/2022 6:16:00 PM 53.4 54.4 52.6 53 28.7 34.2 42.1 46.5 48.3 47.4 44.7 41.4 35.7 8/19/2022 6:16:10 PM 53.6 54.9 52.8 53.2 29.9 34.7 43.7 46.3 48.8 47.6 44.3 40.3 34.4 8/19/2022 6:16:20 PM 56.7 63.2 52.6 53.1 29.1 32.8 44.7 48.5 52.7 50.5 48.5 43.7 35.9 8/19/2022 6:16:30 PM 69.4 72.7 58.7 63.2 30.8 42.5 52.2 56.8 64.9 64.5 62.9 56.8 45.7 8/19/2022 6:16:40 PM 72 72.9 71.3 71.6 29.5 46.4 54.5 59.5 67.9 66.7 65.5 59.9 48.7 copy-of-piccII_sn2702_STs_081922-082022 Dudek No. 14689 piccII_sn2702_STs_081922-082022 Attachment 6
City of Coronado Page 308
Philthy Philz Car Wash Operations Noise Level Compliance Monitoring Attachment B 8/19/2022 6:16:50 PM 72.1 73.3 71.1 71.6 32.1 45.1 54.1 59.8 67.7 66.9 65.7 60.1 48.9 8/19/2022 6:17:00 PM 72.6 73.4 71.7 72.1 29.4 45.1 53.4 60.1 68.4 67.3 66.1 60.6 49.4 8/19/2022 6:17:10 PM 72.7 73.5 72 72.3 27.9 45.3 52.8 59.9 68.5 67.5 66.2 60.5 49.4 8/19/2022 6:17:20 PM 72.9 73.9 71.8 72.3 29.5 43.2 53.1 59.5 68.5 68 66.4 60.5 49.4 8/19/2022 6:17:30 PM 73.4 74.6 72.1 72.7 32.7 44 53.2 60.5 69.1 68.6 66.6 60.8 49.6 8/19/2022 6:17:40 PM 70 74.5 58.7 61.2 34.5 44.7 53.6 58.9 66.4 64.6 62.6 56.7 45.7 8/19/2022 6:17:50 PM 56.8 60.7 53.5 54.8 27.4 35.3 45.2 49.9 52.6 50.9 47 43.2 34.7 8/19/2022 6:18:00 PM 55.2 62.1 52.2 52.8 24.7 34.1 45.1 47.7 50.4 48.7 47.4 42.1 35.9 8/19/2022 6:18:10 PM 56.3 63.3 52.9 53.8 24.6 33.6 45.1 48.6 52.2 50.3 47.5 43.3 36.4 8/19/2022 6:18:20 PM 55.7 62.5 52.7 53.4 24.1 34.1 44.8 48.5 51.4 50.1 46.3 41.7 32.9 8/19/2022 6:18:30 PM 55.1 61.6 52.9 53.4 24.6 33.8 44.1 47.4 50.5 49.3 46.2 42.8 34.4 8/19/2022 6:18:40 PM 55.8 62.5 52.5 52.9 23.7 34.6 43.9 47.6 51.3 51 46 42.8 33.7 8/19/2022 6:18:50 PM 54.5 61.1 52.4 53.1 21.4 33.7 44 47 50 48.6 45 42.4 33.4 8/19/2022 6:19:00 PM 54.5 60.2 52.2 52.7 20.9 32.6 43.6 47.4 49.9 48.6 45.6 40.8 32.9 8/19/2022 6:19:10 PM 53.6 58.4 52.2 52.6 20.8 33.2 43.3 46.7 49.4 47.3 43.6 40.3 33.9 8/19/2022 6:19:20 PM 55.3 61.1 52.6 53 20.3 34.2 44.6 48.4 51.4 48.7 46.3 39.9 32.3 8/19/2022 6:19:30 PM 54.1 59 51.9 52.5 20.5 33 43.4 47.1 49.9 47.1 45.1 41 32.8 8/19/2022 6:19:40 PM 54.2 60.3 52.3 52.6 20.8 32.4 43.5 47 50.6 47.5 44.5 39.3 31.9 8/19/2022 6:19:50 PM 56.6 64.7 52.1 52.6 21.1 32.5 43.9 47.7 52.5 49.3 47.2 48.9 43.3 8/19/2022 6:20:00 PM 52.5 53.5 51.8 52.1 24.2 32.6 42.9 46.3 47.9 46.5 41.9 36.7 30.4 8/19/2022 6:20:10 PM 54.8 60.7 51.6 52.1 24.1 34.8 43.9 47.4 50.9 48.5 46.2 38.7 31.5 8/19/2022 6:20:20 PM 54.8 60.7 52.5 53 24.3 35.8 43.7 47 50.9 48.3 45.1 40.9 35.2 8/19/2022 6:20:30 PM 54.3 58.3 52.3 52.8 22.2 33.9 44.8 47.1 50.2 48 43.6 39.2 32.6 8/20/2022 5:24:30 PM 63.3 68.4 58.7 59.3 34.1 43.6 44.3 50 52 54.4 58.1 58.5 53.9 8/20/2022 5:24:40 PM 66.8 71.4 65.9 66.1 24.9 37.2 44.1 52 57 57.9 62 61.3 58.2 8/20/2022 5:24:50 PM 65.1 66.7 54.1 57.9 24.6 32.7 43.9 50.8 55.7 56.1 60.4 59.6 56.3 8/20/2022 5:25:00 PM 56.1 56.9 53.5 54.4 25 32.2 42.8 47.9 50.3 48.2 48.2 48.4 45.4 8/20/2022 5:25:10 PM 64.1 67.5 54 54.6 25.6 33.7 43.8 51.3 55.5 56.7 59.1 57.4 54.4 8/20/2022 5:25:20 PM 67 67.6 66.5 66.6 24.8 34.7 44.7 52.9 57.4 59.3 62 60.7 58.2 8/20/2022 5:25:30 PM 57.8 66.9 52.3 52.6 24.1 32.9 42.3 47.6 50.2 50.1 51.9 50.7 48 8/20/2022 5:25:40 PM 53.3 54.5 52.4 52.8 24.2 31.6 42.1 47.4 49 46.3 44.1 39.6 32.4 8/20/2022 5:25:50 PM 53.2 55.2 52.1 52.7 24.7 31.8 42.3 47.2 48.8 46.2 43.7 39.8 33 8/20/2022 5:26:00 PM 55.9 59.2 52.3 53 23.9 32.4 42.9 47.5 49.4 47.4 49.4 48.1 45.3 8/20/2022 5:26:10 PM 55.9 58.7 53.8 54.5 24.7 32.8 43.3 48.4 49.7 48 48.9 47.7 45.2 8/20/2022 5:26:20 PM 56 57.4 53.7 55 23.8 32.3 44.1 48.7 50 49.2 49.1 45.5 43.2 8/20/2022 5:26:30 PM 55.6 56.7 54.9 55.2 24.1 32.2 44.6 49.4 50 48.8 48.4 43.8 38.2 8/20/2022 5:26:40 PM 55.6 56.3 55 55.2 24.5 32.7 43.8 49 50.3 48.9 48.5 43.6 39.2 8/20/2022 5:26:50 PM 56 58.7 55 55.3 24.6 32.8 43.7 49 50.7 49.3 49.3 44.6 37.4 8/20/2022 5:27:00 PM 71 75.4 56.6 59.1 29.8 41.2 52.4 60.2 68 65.4 63.2 55.4 45.1 8/20/2022 5:27:10 PM 76 77.8 74.2 75.2 29.2 49.2 56.7 65.5 73.1 69.9 68.1 61.1 50.5 8/20/2022 5:27:20 PM 75.8 77.4 74.9 75.3 29.8 48.3 56 65.8 72.4 69.9 68.3 61.6 50.7 8/20/2022 5:27:30 PM 76.4 77.6 75.5 75.9 29.7 50.3 55.9 66.1 73.2 70.3 68.7 62 51 8/20/2022 5:27:40 PM 76.7 77.9 75.6 76.2 32 49.1 56.5 66.4 73.7 70.7 68.9 62 50.7 8/20/2022 5:27:50 PM 77 78.4 75.8 76.4 29.7 49.2 57 66.5 74.4 70.6 68.5 61.5 50.4 8/20/2022 5:28:00 PM 76.9 78.3 75.5 76.1 30.5 51.5 57.2 66.2 74.2 70.7 68.4 61.5 50.4 8/20/2022 5:28:10 PM 75.8 78.8 67.6 69.8 29.6 49.7 57.3 65.9 73.5 69.2 66.8 59.7 48.9 8/20/2022 5:28:20 PM 62.4 69.3 56.2 57.5 29.5 37.9 48.7 57.3 59.1 54.7 51.2 44.2 37.5 8/20/2022 5:28:30 PM 55.7 58.3 54.2 54.9 30.8 35.4 44.8 50.7 52.1 47.7 45.1 39.6 34.1 8/20/2022 5:28:40 PM 55.3 56.4 54.5 54.9 29.7 34 44.5 49.7 52 47 44.5 38.1 32.9 8/20/2022 5:28:50 PM 66.8 69.4 54.7 55.4 30.1 38.5 47.3 53.6 56.5 58.4 62.5 61.1 55.9 8/20/2022 5:29:00 PM 67.4 68.6 66.5 66.7 30.4 39.7 48.4 53.7 57.3 59.2 63 61.7 56.9 8/20/2022 5:29:10 PM 66.8 69 65.9 66.3 29.3 38.6 48.1 52.9 56.5 58.1 62.5 61.2 56.7 8/20/2022 5:29:20 PM 65.8 66.5 65.2 65.4 25.2 40 47.9 52.8 55.8 56.8 61.4 60 55.2 8/20/2022 5:29:30 PM 64.7 67.5 54.6 55.2 22.7 35.2 46.3 51.8 55.1 56.3 60.2 58.9 53.9 8/20/2022 5:29:40 PM 55.4 58.6 54.2 54.7 32.3 39.1 45.9 49.4 51.5 46.5 45.3 43.2 37.5 8/20/2022 5:29:50 PM 63.5 67.6 54.3 55.1 22.4 37.7 46.4 51.7 54.9 55.8 58.4 57.3 52.6 8/20/2022 5:30:00 PM 67.4 67.8 66.9 67.1 21.6 39.9 49.3 54.1 57.2 59.4 62.5 61.8 57.1 8/20/2022 5:30:10 PM 63.2 67.3 53.8 54.6 21 35 47 51.5 54.5 55.3 58 57.2 52.5 8/20/2022 5:30:20 PM 54.8 58.2 53.4 54.1 21.4 33.6 44.9 49.3 51.2 46 46.4 37.4 30.5 copy-of-piccII_sn2702_STs_081922-082022 Dudek No. 14689 piccII_sn2702_STs_081922-082022 Attachment 6
City of Coronado Page 309
Philthy Philz Car Wash Operations Noise Level Compliance Monitoring Attachment B 8/20/2022 5:30:30 PM 55.9 57.6 54.3 54.8 20.5 34.6 45.6 50 52.1 48 46.6 41.4 35.9 8/20/2022 5:30:40 PM 55.2 57 53.5 54.4 25.4 33.3 44.8 49.5 51.8 47.1 44.7 38 31.5 8/20/2022 5:30:50 PM 55.9 57 54.5 54.9 29.2 34 44.4 49.7 51.8 47.5 46.8 44.9 41.1 8/20/2022 5:31:00 PM 56.1 57.5 55.1 55.5 28.3 34.1 44.7 49.4 51.7 47.5 47.3 46.3 42.3 8/20/2022 5:31:10 PM 56.1 57.1 55 55.5 27 33.7 44.4 49.1 52 47.8 47.6 45.8 41.4 8/20/2022 5:31:20 PM 55.5 57 54.4 55 26.3 33.8 44.1 49.1 52 47.2 46.6 42.6 37.7 8/20/2022 5:31:30 PM 55.9 57 54.3 55.2 26.2 34 44.1 49.4 51.8 48.2 47.6 44 40 8/20/2022 5:31:40 PM 55.9 57.2 54.9 55.5 24.6 34 44.5 49.5 51.9 48.3 47.5 42.5 35.7 8/20/2022 5:31:50 PM 56.5 59.6 54.8 55.5 24.1 33.8 44.5 49.3 52.6 49.4 48.5 43.6 37.4 8/20/2022 5:32:00 PM 61.8 69.4 55.2 56.2 25.2 37.2 50.8 54.4 56.9 55.7 53.7 47.2 40.6 8/20/2022 5:32:10 PM 65 79.1 54.2 54.9 28.8 43.1 48.5 57.1 60.1 58.2 57.4 55.1 50.8 8/20/2022 5:32:20 PM 73.2 76.7 60 62.3 27 50.7 53.5 61.8 71.1 66.3 63.3 54.6 42.2 8/20/2022 5:32:30 PM 76.9 79.1 74.8 75.5 28.5 52.4 55.6 63.8 75 69.9 67 59.3 46.5 8/20/2022 5:32:40 PM 76.6 78.4 75.3 75.9 30 53.4 56 64.1 74.3 70.5 67.3 59.5 46.6 8/20/2022 5:32:50 PM 76.3 77.6 74.9 75.7 29.4 53.1 56.5 64.3 73.9 70.2 67.3 59.7 46.8 8/20/2022 5:33:00 PM 76.5 78.7 75 75.7 28.3 53.3 56.3 64.8 74 69.9 67.7 60 47.2 8/20/2022 5:33:10 PM 77.2 79.2 75.4 76 26.9 53.4 55.9 65.6 75 70.1 67.8 60.1 47.4 8/20/2022 5:33:20 PM 76.8 79.5 75.3 75.8 25.8 51.1 56.2 65 74.7 69.8 67.1 59.5 46.8 8/20/2022 5:33:30 PM 73.8 77.2 64.6 66.6 26.6 48.9 56.3 64 71.4 67.2 64.3 57 44.3 8/20/2022 5:33:40 PM 60.3 65.1 56.9 57.4 22.1 35.4 47.7 54.5 57.1 52.9 49.4 41.2 34.3 8/20/2022 5:33:50 PM 55.9 58.3 54.4 55.2 22.7 33.4 44.8 50.6 52.7 47.6 45 37.8 33.6 8/20/2022 5:34:00 PM 55.5 56.4 54.6 55 23 33.5 44.4 49.5 52.9 46.5 44.2 37.5 36.4 8/20/2022 5:34:10 PM 56.2 59 54.7 55.1 33.2 41.2 47.2 50.4 53.2 46.4 44.1 37 31.5 8/20/2022 5:34:20 PM 57.4 60.9 55.2 55.6 24.8 34.7 44.5 51.7 53.6 51.3 46.6 39.3 32.7 8/20/2022 5:34:30 PM 56.1 59.4 54.6 55 24.8 34.7 43.9 50.5 53.1 48.1 45.4 38.3 32.7 8/20/2022 5:34:40 PM 55.3 56.3 54.3 54.7 23.2 32.9 44.1 49.4 52.5 46.6 44 37.4 32.6 8/20/2022 5:34:50 PM 57.5 65.8 53.6 54.4 27.4 36.2 43.7 49.4 51.4 48.6 50.7 50.4 45.7 8/20/2022 5:35:00 PM 58.4 64.8 53.2 54 23.3 33.3 43.8 49.3 50.6 47.9 53.3 52 48 8/20/2022 5:35:10 PM 59.3 65.6 53.1 54.4 23.6 33.6 44 49.5 52.8 52.2 53.6 51.4 46.6 8/20/2022 5:35:20 PM 63.8 69.3 53 53.7 30.1 37.9 44.4 54.4 54.1 57.5 58.8 56.4 50.6 8/20/2022 5:35:30 PM 66.2 68.6 65.2 65.6 35.9 45.6 48 57.1 54.5 57.7 60.8 60.4 55.1 8/20/2022 5:35:40 PM 67.6 69.9 65.2 65.7 30.7 40 45.7 56.3 55.3 59.6 63 61.9 56.4 8/20/2022 5:35:50 PM 67.5 70.3 65.1 65.7 31.3 38.4 44 55.5 54.4 58.7 63.2 62.2 56.7 8/20/2022 5:36:00 PM 67.5 70.4 65.3 65.7 29.3 38.2 44 56.7 54.9 58.9 62.8 62.1 57 8/20/2022 5:36:10 PM 66.9 68.7 65.4 65.8 23.8 33.5 43.1 57.5 54.7 58 62.1 61.1 55.5 8/20/2022 5:36:20 PM 68.1 70.6 65.2 65.6 34.1 43.8 47.1 56.8 55.9 60 63.5 62.5 56.8 8/20/2022 5:36:30 PM 67.1 70.5 65.5 66 33.6 41.1 45.1 57.4 54.7 58.6 62.2 61.5 55.7 8/20/2022 5:36:40 PM 68.5 71.2 65.5 66.2 24.5 35.5 44.4 56.6 56.2 60.2 64.1 63.1 57.1 8/20/2022 5:36:50 PM 67.3 72.9 65.6 65.8 22.9 36.1 45.2 57.9 55.6 58.7 62.6 61.4 55.8 8/20/2022 5:37:00 PM 66.1 67.3 65.5 65.8 21.5 36.1 45.2 57.1 54 57.2 61 60.6 55 8/20/2022 5:37:10 PM 66.3 69.4 65.3 65.7 28.6 38.6 46.2 58.1 55.4 57.5 60.7 60.5 54.7 8/20/2022 5:37:20 PM 67.4 69.5 65.7 66.4 21.7 34.2 44.1 58 54.9 58.3 62.5 61.9 56.2 8/20/2022 5:37:30 PM 67.7 69.8 65.9 66.4 20 33.3 44 57.4 55.4 59 63.2 62 56.5 8/20/2022 5:37:40 PM 68.4 70.5 66.1 66.7 19.7 33.7 44.8 56.6 55.8 60.2 64 63 57.2 8/20/2022 5:37:50 PM 67.1 69.5 65.7 66.2 19.7 32.5 44 57.5 54.3 58 62.6 61.4 56 8/20/2022 5:38:00 PM 66.4 67.9 65.3 65.9 19.8 33.3 44.4 57.2 53.8 57.6 61.4 60.8 55.4 8/20/2022 5:38:10 PM 67.1 70.4 65.1 65.6 19.5 34.1 44.9 56.6 55.1 59.2 61.9 61.7 56.1 8/20/2022 5:38:20 PM 68.9 71 66 66.3 22.1 33.2 44.6 56 56.9 61.6 64.2 63.3 57.6 8/20/2022 5:38:30 PM 66.7 68 65.6 66.1 29.4 37 46 57 54.3 57.7 62.4 60.7 55.1 8/20/2022 5:38:40 PM 67.8 74.5 66.8 67 32.8 43.5 48.9 57.7 58.1 59.5 62.8 61.9 56.1 8/20/2022 5:38:50 PM 67.3 69 66.2 66.9 24.2 33.5 47.4 57.8 57 58.3 62.3 61.3 55.8 8/20/2022 5:39:00 PM 67.9 71.1 66.9 67.2 32.7 40.6 47.1 59.5 57.7 59 62.8 61.5 56.2 8/20/2022 5:39:10 PM 69.2 71.6 66.9 67.5 34.5 44.2 48 56.8 58.3 61.7 64.6 63.4 57.9 8/20/2022 5:39:20 PM 66.3 69.9 60.4 61.4 26.3 33.9 45.8 55.1 57 59.3 61.3 59.7 54.5 8/20/2022 5:39:30 PM 61.2 67.9 59.5 60 31.2 39.4 46 50.8 56.1 55.2 53.6 51.4 48.1 8/20/2022 5:39:40 PM 61.1 65.5 58.9 59.6 30.1 36.8 47 50.3 56 55.3 53.3 50.9 48.2 8/20/2022 5:39:50 PM 60.4 62.7 59.3 59.7 22.9 34.1 46.5 50 54.9 53.9 53.1 51.6 48.9 8/20/2022 5:40:00 PM 63 71.4 59.6 60 20.2 32 44.4 50.3 58 57.8 56.2 52.4 48.6 8/20/2022 5:40:10 PM 60.7 66.5 59.3 59.8 21.2 32.2 44.4 50.2 54.8 54.5 54 51.7 48.3 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Philthy Philz Car Wash Operations Noise Level Compliance Monitoring Attachment B 8/20/2022 5:40:20 PM 60 62.7 59 59.4 23.9 34.1 45.1 49.8 53.2 53.6 53.8 51.3 49.3 8/20/2022 5:40:30 PM 60.2 61.5 59.1 59.6 31.3 37.7 44.8 49.8 53 53.7 54.2 52.2 49.4 8/20/2022 5:40:40 PM 60.3 61.1 59.4 59.8 29 38.1 45.4 50.7 53.8 53.3 53.9 52.2 49.6 8/20/2022 5:40:50 PM 60.2 61.2 59.1 59.7 21.2 33 44.7 50.8 54.3 53.5 53.2 51.9 49 8/20/2022 5:41:00 PM 67.2 68.9 59.6 60.2 29.8 39.7 47.6 54.2 58.1 59.6 62.6 61 55.6 8/20/2022 5:41:10 PM 69 72.6 68.2 68.4 27.4 41.4 48.4 55.9 60.2 61.4 64.5 62.5 57.7 8/20/2022 5:41:20 PM 68.6 70 67.7 67.9 32 42.6 49.4 56.3 60.3 60.9 63.5 62.2 57.9 8/20/2022 5:41:30 PM 67.6 69.2 66.4 66.8 37.5 46.3 50.7 56 58.6 59.6 62.8 61.2 56.8 8/20/2022 5:41:40 PM 67 68.1 65.7 66.2 30.3 40.1 47.8 55.1 58 59.1 62.3 60.8 55.9 8/20/2022 5:41:50 PM 61.1 68 55 55.4 29.5 37.1 44.3 50.5 53.5 53.1 55.7 54.8 49.2 8/20/2022 5:42:00 PM 56 56.9 54.6 55.5 23.9 35 43.9 49.4 52.1 48.6 47.3 43.4 37.7 8/20/2022 5:42:10 PM 58.1 60.6 56.2 56.7 34.2 42.7 46.7 50.3 53.4 51.2 50.4 46.2 41.7 8/20/2022 5:42:20 PM 62.1 62.8 56.6 61.7 27.8 36.6 44.9 51.3 56.8 57.1 54.7 52.5 48.6 8/20/2022 5:42:30 PM 62.5 63.2 61.7 62 24.2 34.2 44.6 50.9 57.7 57.2 55.1 53.1 49.4 8/20/2022 5:42:40 PM 70 75.3 61.5 62.7 29 44.9 50.8 59.1 67.3 63.6 61.3 54.8 49.4 8/20/2022 5:42:50 PM 76.4 79.8 73.7 74.6 28.9 52.3 55.6 64.1 74 70 67.1 59.9 50.5 8/20/2022 5:43:00 PM 77.6 80.6 75.9 76.8 29.2 53.2 56.5 65.8 75.3 71 67.9 60.6 51.2 8/20/2022 5:43:10 PM 77.2 79.7 75.5 76.1 23.5 51.8 56.3 65.4 75.1 70.2 67.4 60.4 51.5 8/20/2022 5:43:20 PM 77 79.1 75.4 76 36.3 52.9 56.4 65.3 74.9 70 67.2 60 51 8/20/2022 5:43:30 PM 76.7 78.1 75.6 76.1 33.1 53.4 56.4 65.2 74.4 70 67.3 60.1 51.4 8/20/2022 5:43:40 PM 76.8 78.9 75.2 75.7 31.8 52.9 56.3 65.3 74.6 69.9 67.1 60.1 51.3 8/20/2022 5:43:50 PM 75.7 77.3 71.5 74 23.1 50.2 57.1 65.6 73.1 69.4 66.4 59.5 51.7 8/20/2022 5:44:00 PM 66.3 71.7 62.6 63.3 25.9 40.7 52.4 57.8 63.2 59.9 56.7 53.1 50.8 8/20/2022 5:44:10 PM 62.6 63.7 62 62.2 20 35.1 45.9 52.3 58.1 56.5 54.8 53 50.6 8/20/2022 5:44:20 PM 62.3 63.8 61.7 61.9 21.2 33.8 45.5 51.1 57.7 56 54.9 52.9 50.3 8/20/2022 5:44:30 PM 63.2 67.1 62 62.2 37 47.9 53.6 53.1 58.1 55.6 55.6 53.4 50.4 8/20/2022 5:44:40 PM 62.6 65.4 61.6 61.9 30.2 38.9 45.7 53.6 57.7 56.3 55 53 50 8/20/2022 5:44:50 PM 62.8 64.6 61.3 61.9 39.6 49.8 53.1 53.2 56.9 55.6 55.1 53.9 50.8 8/20/2022 5:45:00 PM 62.4 63.4 61.5 61.9 33.1 42.6 46.6 50.5 56.6 56.2 55.7 53.9 51.1 8/20/2022 5:45:10 PM 61.9 63.5 61.1 61.4 34.6 42.2 45.9 50.1 56.9 55.9 54.7 53 50 8/20/2022 5:45:20 PM 61.7 62.5 61.1 61.4 24.4 33.8 44.2 50.1 56.4 56.2 54.5 52.6 50 8/20/2022 5:45:30 PM 61.2 61.8 60.5 60.8 20.9 32.3 44.1 50 56.3 56.2 53.8 51.1 47.7 8/20/2022 5:45:40 PM 61.8 64.4 60.9 61.3 22.8 33.1 43.4 50.1 56.5 55.6 55.1 53.3 50 8/20/2022 5:45:50 PM 62.8 66.4 61.5 62.1 23.2 33.4 43.9 50.5 56.9 56.6 56.4 54.5 51.1 8/20/2022 5:46:00 PM 63.1 67.7 61.8 62.2 25.5 35.4 45.2 52 57.4 56 56.3 55.5 51.3 8/20/2022 5:46:10 PM 63 66.7 61.9 62.1 32.6 39.1 45.9 51.9 57.2 56.5 56.5 55 50.5 8/20/2022 5:46:20 PM 62.7 64.3 62.3 62.5 28.1 34.9 44.5 51.5 57.7 57.2 55.5 53.5 50 8/20/2022 5:46:30 PM 63.2 67.3 62 62.4 32.3 41.2 45.9 51.5 58.3 56.6 56.1 55.2 51.6 8/20/2022 5:46:40 PM 63 65.1 61.9 62.2 34.8 44 48 51.6 57.9 56.3 56 54.8 51.2 8/20/2022 5:46:50 PM 62.5 63.5 62 62.3 23.6 33.3 44.4 51.2 57.9 56 55.7 53.6 49.6 8/20/2022 5:47:00 PM 62.5 63.1 61.8 62.1 30.7 40.7 46.3 51.1 57.7 56.1 55.7 53.4 49.6 8/20/2022 5:47:10 PM 62.4 63.2 61.8 62 19.7 32.3 44.1 50 57.3 56.5 55.5 53.8 50.1 8/20/2022 5:47:20 PM 62.3 63.5 56.1 60.5 33.9 42.8 45.9 50.8 57.5 56 55 53.2 49.7 8/20/2022 5:47:30 PM 61.9 62.8 61.3 61.6 28 36.1 44.2 50.4 57.4 55.8 54.5 52.6 50 8/20/2022 5:47:40 PM 62.3 64.2 61.5 61.7 34.1 44.9 47.4 50.6 57.5 55.8 54.8 53.2 50.8 8/20/2022 5:47:50 PM 62.1 62.7 61.7 61.9 19.8 32.4 43.7 50.2 57.3 55.7 55.4 53.1 50.9 8/20/2022 5:48:00 PM 62.7 63.4 61.7 62.1 20.5 35 44.1 50.5 58.1 55.7 55.6 54.1 50.8 8/20/2022 5:48:10 PM 62.4 64.1 61.8 62.1 27 35.4 45.5 51.7 57.7 55.9 55.6 53.1 50.3 8/20/2022 5:48:20 PM 62 63.5 60.1 60.7 23.6 32.8 44.9 50.8 56.1 55.4 55.7 53.6 51.1 8/20/2022 5:48:30 PM 61.8 65.5 60.4 60.7 23.9 34.1 44.9 50.5 55.7 55.5 55 53.9 51.3 8/20/2022 5:48:40 PM 60.2 62.8 54.3 56.1 26.8 35.3 44.7 50.1 54.3 54.4 53.3 51 48.9 8/20/2022 5:48:50 PM 60 72.3 53.1 53.7 20.8 32.7 44.7 49.6 57.5 53.6 45.7 41.9 37.5 8/20/2022 5:49:00 PM 57.8 70.7 53.9 54.5 22.8 33.1 44.1 49.2 54.7 51.7 46.7 41.3 37.3 8/20/2022 5:49:09 PM 59.7 70.5 52.7 53.3 23.6 35.4 43.6 48.3 57.3 51 46.8 47.6 44.1 copy-of-piccII_sn2702_STs_081922-082022 Dudek No. 14689 piccII_sn2702_STs_081922-082022 Attachment 6
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Attachment 7
CITY OF CORONADO
COMMUNITY DEVELOPMENT
1825 STRAND WAY CITY HALL
CORONADO, CA 92118
WWW.CORONADO.CA.US
PHONE: (619) 522-7326
FAX: (619) 522-2418
NOTICE OF VIOLATION
November 22, 2022
Location: 150 C Avenue
Owner: Stainless Auto Wash LLC
Address: 150 C Avenue
Coronado, CA 92118
Assessor’s Parcel No.: 536-101-35-00
Case No.:
Zone:
CE2209-005
Orange Avenue
Corridor Specific Plan
- Commercial
RE: Violation of the Coronado Municipal Code and Minor Special Use Permit PC2013- 03-Planning Commission Resolution 6-13
The City received a complaint regarding the commercial car wash operations at 150 C Avenue that included a noise analysis dated September 1, 2022 prepared by an INCE board certified acoustic engineer. That noise analysis concluded that the pressure washers and dryer blowers as currently installed and operating at the car wash exceed the City’s Noise Standards under Coronado Municipal Code (CMC) section 41.10.010 and Condition of Approval 13 of Minor Special Use Permit PC2013-03 (SUP) under City of Coronado Planning Commission Resolution 6-13.
This car wash must comply with the Coronado Municipal Code, including sections 41.10.010 and 52.04.010, and also must comply with all the terms and conditions found in Planning Commission Resolution 6-13, which was approved by the City of Coronado Planning Commission for the SUP for this car wash on July 23, 2013. (See attached SUP). Your immediate action is required to bring the car wash into compliance and cease all violations.
VIOLATIONS:
The specific violations include, but may not be limited to, the following:
Violations of CMC section 41.10.010 (Property Line Noise Limits) CMC section 41.10.010 provides:
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A. It shall be unlawful for any person to cause noise by any means to the extent that the one-hour average sound level exceeds the applicable limit given in the following table, at any location in the City of Coronado on or beyond the boundaries of the property on which the noise is produced. The noise subject to these limits is that part of the total noise at the specified location that is due solely to the action of said person.
TABLE OF APPLICABLE PROPERTY LINE NOISE LIMITS
OneLand Use Zone Time of Day
Hour Average Sound Level (decibels)
7:00 a.m. to 7:00 p.m. 50
7:00 p.m. to 10:00 p.m. 45
10:00 p.m. to 7:00 a.m. 40
Residential:
All R-1A; R-1B
7:00 a.m. to 7:00 p.m. 55
7:00 p.m. to 10:00 p.m. 50
10:00 p.m. to 7:00 a.m. 45
All R-3; R-4;
R-PCD; and R-5
Commercial (C); Commercial
Recreation (C-R); 7:00 a.m. to 7:00 p.m. 60
Hotel/Motel (H-M); Civic Use 7:00 p.m. to 10:00 p.m. 60 (C-U); Open Space (OS); and 10:00 p.m. to 7:00 a.m. 50
Parking Overlay (P-1)
It is required that any noise emanating from the car wash adhere to the one-hour average sound level (decibels) for the zone in which the property is located, which is 60 dBA for this property.
The noise analysis showed that car wash operations exceeded 70 dBA at various times throughout the day.
Violations of CMC section 86.55.230.A (Automobile car wash) CMC section 86.55.230.A provides:
An automobile car wash shall be subject to the applicable zoning regulations of this title, subject to the following:
A. All equipment used for the facility shall be soundproofed so that any noise emanating therefrom, as measured from any point on adjacent property, shall be no more audible then the noise emanating from the normal street traffic at a comparable distance; It is required that any noise emanating from the car wash building, as measured from any point on adjacent property, be no more audible then the noise emanating from the normal street traffic at a comparable distance. Your car wash property contains a building that houses new highCity of Coronado Page 314 Attachment 7
pressure washers and dryer blowers that have been found to operate above the noise level emanating from the normal street traffic.
Violations of Planning Commission Resolution 6-13; Conditions of Approval for SUP:
Special Condition of Approval 13 for the SUP for the car wash provides:
The car wash shall comply with City of Coronado Section 41.10.010 of the Coronado Noise Ordinance in that the one-hour average sound level (decibels) shall not exceed 60 decibels between the hours of 7:00 a.m. to 10:00 p.m. Monday through Sunday.
It is required that any noise emanating from the car wash adhere to the one-hour average sound level (decibels) for the zone in which the property is located, which is 60 dBA for this property.
The noise analysis showed that car wash operations exceeded 70 dBA at various times throughout the day.
Special Condition of Approval 26 for the SUP for the car wash provides:
OWNER shall prohibit the stopping, waiting, queuing, washing, drying, or detailing of vehicles from blocking any adjacent public right-of-way.
CMC section 52.04.010 also prohibits doing business in the public right-of-way and provides in relevant part:
No person shall place, remove or replace any item within the public right-of-way or on public property nor shall a person do or cause to be done any work in the public right-of-way or on public property covered by this title without first having obtained a permit, a City contract or a franchise right to do so. All activities performed under this title shall be done in accordance with conditions of the required permit, City contract or franchise and shall conform to the approved plans, standard drawings, standard specifications, general provisions and other conditions determined by the Director of Public Services as being applicable to the project.
Photographic evidence was submitted to staff depicting employees of the car wash hand drying vehicles which were stopped across the public sidewalk on C Avenue in front of the car wash. (See attached.) It is a violation of Coronado Municipal Code section 52.04.010, and also a violation of SUP Special Condition 26 to perform any work at any time on vehicles in the adjacent right-of-way.
CORRECTIONS REQUIRED:
The property owner and car wash operator shall comply with the above-mentioned CMC sections and conditions of approval of City of Coronado Planning Commission Resolution 6-13 by modifying the equipment and/or operations of the car wash and providing evidence, through a noise analysis by a certified acoustician, that the operations comply with the Coronado Municipal Code and Planning Commission Resolution 6-13.
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TIME FRAME FOR COMPLIANCE:
To bring the car wash into compliance:
• You must immediately compel your tenant to cease performing any work on vehicles in the adjacent public right-of-way.
• Your tenant/operator shall immediately modify the car wash equipment and/or operations to reduce the noise level to below 60 dBA, in accordance with CMC
41.10.010 and City of Coronado Planning Commission Resolution 6-13. o Note: If a Building Permit is required to modify your building or equipment, you shall apply for, receive and comply with such a Building Permit for such work with all required inspections.
• You must submit evidence through a noise analysis prepared by a certified acoustician, within 45 days, or by January 6, 2023, that proves that the car wash equipment and/or operations have been reduced and are operating at a noise level below 60 dBA in accordance with CMC section 41.10.010 and City of Coronado Planning Commission Resolution 6-13.
• You and your tenant/operator must ensure that the car wash is maintained in compliance with CMC section 41.10.010 and City of Coronado Planning Commission Resolution 6-13 at all times. You are advised that there will be unannounced inspections from time to time. To the extent that the car wash is open to the public, no permission is needed to perform an inspection.
Failure to timely comply with this Notice of Violation may result in further enforcement actions, including, but not limited to criminal fines, administrative citations, withholding of future permits or renewal of the SUP, the scheduling of this case for an administrative hearing to revoke the SUP, civil proceedings, and/or other enforcement actions.
Please call staff at 619-522-2415, or write to the above address or email to [email protected], if you have any questions regarding the above or how to bring the cash wash into full compliance with the CMC and SUP conditions of approval. Thank you in advance for your anticipated cooperation.
Sincerely,
Jesse Brown
Senior Planner
Attachment as indicated.
cc: Philthy Philz Car Wash
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From:
To: Jesse Brown; Jim Heintz; Lynn Hamilton
Subject: 2/4 @ 1:25pm carwash violation
Date: Thursday, February 2, 2023 1:31:02 PM
CAUTION: This email is from an EXTERNAL source. Ensure you trust this sender before clicking on any links or attachments.
Sent from my iPhone
Attachment 8 Attachment 8 Attachment 8
City of Coronado Page 323
F om
To Jesse B own Joe Cosa t ynn and ete Hami ton Jim Heintz R cha d Bailey Richa d G unow hil Kees ing Vicki Schwebach John Duncan El zabeth M tchell (@BWS aw) Tina iend Subject 6/15 23 7 15am violat on SU ca wash Co onado
Date Wednesday June 7 2023 7 20 55 AM
CAUTION This email is from an EXTERNAL source Ensure you trust this sender before clicking on any links or attachments Sent from my iPhone
Attachment 8 Attachment 8 Attachment 8
City of Coronado Page 324
F om
To Jesse B own El zabet M tche l (@BWS aw) T na iend Heintz am ly hil Kees ing Joseph Cosa t Richa d Ba ley ynn Ham lton Vicki Schwebach Subject 9pm violat on SU
Date Satu day Ap l 15 2023 9 13 10 M
CAUTION This email is from an EXTERNAL source Ensure you trust this sender before clicking on any links or attachments Sent from my iPhone
Attachment 8 Attachment 8 Attachment 8
City of Coronado Page 325
Attachment 8 Attachment 8
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From: Sevi Milano
To: Richard Grunow; Jesse Brown
Cc: Heintz Family; david yahoo
Subject: Car Wash Operating Outside of Permitted Hours
Date: Wednesday, September 1, 2021 7:58:57 AM
THIS IS AN EXTERNAL EMAIL. Do not click links or open attachments unless you trust the sender and know the content is safe.
This morning, the car wash at 150 C Ave started their first wash early again at 6:52 am. It is our understanding that they are not allowed to begin operation until 7 am.
Additionally, the blow dryer seems to get louder with every passing day and is really affecting our quality of life.
We are in Unit 202 at Regatta Bay and even with our doors closed the AC and TV on, we hear the noise all day. We are requesting another hoping decibel level be measured to insure the car wash is operating within city compliance guidelines.
Thank you
David Graham, M.D.
Sevi Milano
Coronado, CA 92118
Attachment 8 Attachment 8 Attachment 8
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From: Heintz Family
To: CD Web Contact; Jesse Brown; Richard Grunow; Heintz Family Subject: Car wash violations
Date: Thursday, June 2, 2022 11:45:32 AM
Attachments: 20220601 214827.mp4
City of Coronado Car Wash complaint.pdf
CAUTION: This email is from an EXTERNAL source. Ensure you trust this sender before clicking on any links or attachments.
Attached is the requested investigation request form. I have attached a recent video (from last night) of the vacuum use at 9:50 pm. Rich and Jesse have additional pictures and videos from me.
Thank you.
Jim Heintz
Attachment 8 Attachment 8 Attachment 8
City of Coronado Page 328
From:
To: Jesse Brown; Richard Bailey; John Duncan; Lynn and Peter Hamilton; Jim Heintz; Phil Keesling; Vicki Schwebach; Joseph Cosart
Subject: Carwash noise study
Date: Wednesday, January 11, 2023 12:02:41 PM
CAUTION: This email is from an EXTERNAL source. Ensure you trust this sender before clicking on any links or attachments.
This is a complete sham! Does not accurately depict the conditions of a sunny day. Both bays are not going. And it’s not constant traffic due to rainy weather. This is not accurately depicting the normal hourly noise levels.
Sent from my iPhone
Attachment 8 Attachment 8 Attachment 8
City of Coronado Page 329
From: Lynn Hamilton
To: Jesse Brown
Cc: Jim Heintz; Jeri HIckman
Subject: Carwash utility violation
Date: Thursday, December 8, 2022 3:26:12 PM
Attachments: IMG 2646.PNG
IMG 2647.PNG
IMG 2653.PNG
CAUTION: This email is from an EXTERNAL source. Ensure you trust this sender before clicking on any links or attachments.
Jesse,
Attached are photos taken on Sunday morning, December 4 at 6:17 am. ( you can see the time above the last photo). I am not usually out that time of the day but wanted to capture the egregious violation of the permit which stipulates that all utilities are off from 10:00pm to 7:00am so made the trip. I also noted the lights were on at 11:30pm when I returned from the airport late December 1 and 11:00 pm December 3 when I returned from a play downtown.
If I was out and about after 10 pm and before 7:00 am every day I could send you the same photos every day. Also note that access to the drive is wide open.
You expect business people to act in a professional and ethical manner. The Owner or Operator stated that the utilities are on a timer and you took him for his word.
Please amend the Notice of Violation to include all the issues outlined in the complaint filed by Jim Heintz, including the utilities and access issues.
This individual is not credible and it appears, has absolutely no intention of acting in an honest manner.
Thank you,
Lynn
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From: Richard Grunow
To: Jesse Brown
Subject: FW: 150 C Ave car wash
Date: Friday, March 18, 2022 8:52:02 AM
Attachments: 68624.mp4
Here are the pics
From: Heintz Family <
Sent: Thursday, March 17, 2022 10:00 PM
To: Richard Grunow <[email protected]>; Heintz Family < Subject: 150 C Ave car wash
CAUTION: This email is from an EXTERNAL source. Ensure you trust this sender before clicking on any links or attachments.
Hello Rich, I have not talked with you lately about the car wash at 150 C Ave. Some issues have become much more prevalent lately. Last weekend, I watched employees motion for cars coming out of the car wash for towel dry to not stop until the sidewalk was completely blocked. In general, cars are completely blocking the sidewalk quite often now to get towel dried. One picture also shows the mist from the car wash going past the sidewalk out to the street. I have talked with locals and many walk on the other side of the street to avoid the soap and wax mist. The mist is common with no to minimal breeze. Lastly, even though the car wash closes at 8 pm, the vacuums are operative all night. Attached is a video taken at 9:05 pm tonight. The vacuums are loud and can produce a high pitched whine.
I look forward to your reply and if we don't talk tomorrow, have a good weekend.
Jim Heintz
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From: Canlas, Johanna N.
To: Richard Grunow; Jesse Brown
Subject: FW: Car Wash request from Regatta Bay
Date: Wednesday, August 10, 2022 4:04:56 PM
Attachments: 8-5-10 violation letter Car Wash.pdf
PC MSUP Resolution 6-13 150 C Ave (002).pdf
CAUTION: This email is from an EXTERNAL source. Ensure you trust this sender before clicking on any links or attachments.
From: Richard Bailey [mailto:[email protected]]
Sent: Wednesday, August 10, 2022 4:03 PM
To: Canlas, Johanna N. <[email protected]>
Cc: Tina Friend <[email protected]>
Subject: Fwd: Car Wash request from Regatta Bay
[EXTERNAL]
Hi Johanna/ regarding our discussion about the carwash, the following is an email from a resident referencing the alleged noise violation.
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From: Lynn Hamilton <
Sent: Wednesday, August 10, 2022 1:28 PM
To: Richard Bailey < Richard Bailey
<[email protected]>; Richard Bailey <[email protected]>; <
< Jeri HIckman <
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Subject: Fw: Car Wash request from Regatta Bay
CAUTION: This email is from an EXTERNAL source. Ensure you trust this sender before clicking on any links or attachments.
Dear Richard and Peter,
I just received the text from Peter regarding his conversation with Jesse Brown. Since Jeri Hickman and Jim Heintz, the two residents at Regatta Bay who are patiently pursuing this noise violation, should be in this loop, I am copying them on this email.
Attached is the Violation letter from 2010 instructing the Operator to comply with the 60- decibel noise limit. Also attached is the Special Use Permit specifying, under item 13, the 60-decibel limit.
I also texted you the definition in google for 60 decibels "as loud as a normal conversation between two people at a distance of 3 1/4 feet apart." There is no doubt that the blowers at the carwash far exceed that amount.
Thank you to Peter for reaching out to Jesse Brown. However, I am not clear on Peter's text but" turning off the equipment after business hours and talking to attorneys about how they can change the rules" does not address the current issue of the unacceptable disruption to the peaceful enjoyment of the residents in their homes.
Is the Owner or Operator indicating that he wants to "change the rules" of the allowable decibels?
It appears that the Residents need to pay for a professional noise test to prove that the blowers are louder than two people talking and hope that the current City management will enforce the requirements of the Special Use Permit. Frankly, this same Owner that has contracted the building out to 3 carwash operators must know that the carwash is not now and never has been in compliance.
Thank you again to Peter and to Richard.
Lynn
Lynn LaBreche Hamilton
DRE License #01265662
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www.lynnhamiltonrealtor.com
From: Heintz Family <
Sent: Thursday, August 4, 2022 1:48 PM
To: 'Lynn Hamilton' < Heintz Family <
Subject: Fwd: Car Wash request from Regatta Bay
Special use permit attached. Email to Richard below where I explained 60 decibel limit is in the special use permit. Item 13 under special conditions. Thanks.
Jim Heintz
From: Heintz Family
Sent: Friday, July 15, 2022 1:24:17 PM
To: Heintz Family < [email protected] <[email protected]>; Jeri Hickman < 'Lynn Hamilton' <
Subject: RE: Car Wash request from Regatta Bay
Richard, attached is the special use permit (item #13 in the special conditions section) and a letter from the city to a previous Regatta Bay owner that also notified a previous car wash operator to comply. Both documents reference a 60 decibel maximum level. Thank you for your involvement and support so we can use our properties again. I look forward to hearing from you soon.
Jim Heintz
From: Heintz Family <
Sent: Tuesday, June 21, 2022 2:12 PM
To: Heintz Family < [email protected]
Cc: 'Lynn Hamilton' <
Jeri Hickman <
Subject: RE: Car Wash request from Regatta Bay
Richard, I have included below in red what neighbors want the city to do. These are ideas since there are several ways to accomplish the main goal of reducing the noise.
Jim Heintz
From: Heintz Family <
Sent: Tuesday, June 21, 2022 12:51 PM
To: [email protected]
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Cc: Heintz Family < 'Lynn Hamilton' <
Jeri Hickman
<
Subject: Car Wash request from Regatta Bay
Richard, thank you for your time on Monday, June 13, 2022 to meet and listen to concerns about the car wash at 150 C Ave. Below is a prioritized list of nuisances that are negatively impacting quality of life on much of our block.
1. Noise. The 2 drying blowers on the front of the car wash and the 2 vacuums towards the rear of the car wash are extremely loud and disruptive to quality of life and use of our properties.
Even the high pressure wash (touchless) is very loud. Automatic doors on the front and rear of both bays may reduce the noise level. Ammity, car wash operator, told me when they began building out the car wash that they would install automatic doors to reduce noise.
Soundproof enclosures over the vacuums also. Obviously eliminating the blowers and vacuums are another option. They hand towel dry cars anyway when employees are present.
Other options are to reduce hours of operation, but that would not help patio use during the day and open windows/doors during the day.
2. Vacuums are available and used by customers 24 hours. The vacuum use does not comply with the car wash hours of operation. Soundproof the vacuums and limit vacuum use to business hours of operation. Or, remove the vacuums. A gate at the entrance that can be closed when hours of operation end is another consideration.
3. When towel drying cars, car wash employees guide cars where to stop, which blocks the sidewalk. The city contacted the car wash operators last week and blocking of sidewalks has lessened. In the past, cars do not block sidewalks for a week or two after a warning, and then it progresses again. Not sure what progressive fines the city could impose after 1st offense.
4. The overspray from the high pressure wash leaves the car wash bay area all the way to the street, impacting the sidewalk. Pedestrians on the sidewalk can stop and wait or be covered with a mist, including soap and wax. Automatic doors that close at the front and rear of both bays would greatly help with this issue.
5. The drainage from the car wash, including soap, road grime and oil from the washed car, and other additives from the car wash has been running into the small rocks area and into the ground. This is an environmental issue and I am not a drainage engineer. Special use permit requires car wash equipment to be inspected and approved on a consistent basis. Please ensure inspections are being done and owner/operator may need to redo concrete to create better flow to drains.
The noise level during hours of operation and vacuum use beyond hours of operation are the primary concerns. The City of Coronado in general is attentive to noise issues. “Keep the noise down, respect the town” sign by City Hall is an indication of this. Barking dogs, loud parties, construction/landscape hours are all violations of city ordinances. Specifically, the City has an ordinance talking about blowers and blowers are not defined as leaf blowers in the ordinance.
The car wash has a special use permit which also defines a limit of 60 decibels average over an Attachment 8 Attachment 8 Attachment 8
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hour time frame. Any hour when the car wash is busy, exceeds that decibel limit. When you observed the car wash, only one bay was active when you were there. The volume doubles when both blowers at the same time and adding the 2 vacuums in the back increases the volume further.
Owners in the area are not asking for the car wash to be closed. Owners are asking to be able to use their properties as they were intended. Outdoor patios are not useable and windows and doors must remain closed year round for our interiors to be useable.
Thank you again for your time last week and reviewing our requests.
Jim Heintz
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F om
To Jesse B own Tina iend El zabeth M tche l (@BWS aw) Heintz am ly Joseph Cosa t V cki Schwebach hil Kees ing Subject May 15th W ong way d ive exi ing ent ance hi thy h lz Date Monday May 15 2023 5 02 25 M
CAUTION This email is from an EXTERNAL source Ensure you trust this sender before clicking on any links or attachments Sent from my iPhone
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F om
To Jesse B own Tina iend El zabeth M tche l (@BWS aw) Richa d Ba ley Richa d G unow Heintz amily hil Keesl ng Joe Cosa t V cki Schwebach John Duncan ynn and ete Hami ton E izabeth M tche l (@BWS aw) Subject Owne t uck and la ge t uck block ng C ty sidewa k 5 22/3023 A e t ey t ey vacating last last owne ’s who failed he e? Investigate Jesse B own Date Tuesday May 23 2023 9 03 45 AM
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F om
To Jesse B own Tina iend El zabeth M tche l (@BWS aw) Heintz am ly V cki Schwebach Joseph Cosa t hil Kees ing Subject hil hy hilz 8 40pm Ca attempting ca wash afte hou s 5/15/2023 Date Monday May 15 2023 8 42 20 M
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From: Mark Storm
To: CD Web Contact; Richard Bailey; Richard Bailey; Richard Bailey; Jesse Brown; Richard Grunow; Jim Heintz; Phil Keesling; Vicki Schwebach; Joseph Cosart Subject: Philthy Philz Car Wash Operations Noise Level Compliance Monitoring Date: Thursday, September 1, 2022 4:04:48 PM
Attachments: Heintz car-wash-ops-noise-study mcs090122.pdf CAUTION: This email is from an EXTERNAL source. Ensure you trust this sender before clicking on any links or attachments.
Good afternoon,
Per the request of Dudek’s client, Mr. Jim Heintz, I have prepared and attached a noise technical memorandum regarding the indicated subject and sent it to your attention on his behalf. The addressee list includes City of Coronado contacts provided by Mr. Heintz.
Due to planned PTO, I will be unavailable until my expected return to the office on Sept. 8th, after which time I can address questions that you may have. Until then, I hope everyone has a safe and fun Labor Day Weekend.
Cheers,
Mark Storm, INCE Bd. Cert.
Acoustic Services Manager
2280 Historic Decatur Rd., Suite 200, San Diego, CA 92106 O: 760.479.4297 C: 760.271.1439
www.dudek.com
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From:
To: Jesse Brown; Elizabeth Mitchell (@BWS Law); Tina Friend; Jim Heintz; Joseph Cosart; Vicki Schwebach; Phil Keesling
Subject: Philthy Philz carwash blocking pedestrian sidewalk. 5/21/2023 Date: Sunday, May 21, 2023 12:54:51 PM
CAUTION: This email is from an EXTERNAL source. Ensure you trust this sender before clicking on any links or attachments.
Attachment 8
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Both nights this weekend, the automatic bays were active and washing cars after 8:00 PM (8:30 and 8:45). I thought both bays could operate only until 8 pm? Any feedback from the car wash operators about closing at 7 PM? The blower noise is extremely loud.
As of this morning, the porta potty is still directly under my balcony. It has not moved since I asked Amity to move it over 4 weeks ago and she said she would take care of it. Hopefully, something can be done to get them to move it to the other side of the car wash property.
Thank you for your help. I do talk to Amity and Phil and after a month of nothing happening, I get frustrated.
Jim Heintz
From: Heintz Family <
Sent: Monday, August 2, 2021 5:38 PM
To: Jesse Brown <[email protected]>; Richard Grunow <[email protected]>; Heintz Family <
Subject: [SPAM]Re: [SPAM]Re: Car Wash next to Regatta Bay Hours of Operation Thank you Jesse. Take care.
Jim Heintz
From: Jesse Brown <[email protected]>
Sent: Monday, August 2, 2021 5:07:14 PM
To: Heintz Family < Richard Grunow <[email protected]> Subject: RE: [SPAM]Re: Car Wash next to Regatta Bay Hours of Operation Hi Jim,
Yes, I can relay that request to them regarding the porta-potty. Thanks for the reminder.
Regards,
Jesse Brown | Senior Planner
City of Coronado
Community Development Department
1825 Strand Way
Coronado, CA 92118
P: 619.522.2415
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Hi Casey, the lessee and I are working together on the bright white lights they have installed, so I am hopeful that issue will get improved. They plan to operate the car wash from 7 am to 9 pm, 7 days a week. Is that within City of Coronado hours when next to a residential property? Thanks for picking up my call and I hope to catch up with you soon. Take care and Thank you! Jim Heintz
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To: Heintz Family < Richard Grunow <[email protected]>; Heintz Family <
Cc: Jesse Brown <[email protected]>
Subject: RE: [SPAM]Re: Car Wash next to Regatta Bay Hours of Operation Hi Rich, I have heard the car wash is experiencing opening delays due to electrical inspection requirements. It has been very quiet at the car wash for the last couple of weeks! A little over 2 weeks ago, I talked with Amity about their porta potty location. I explained to her that the porta potty is located directly below my balcony and next to the Regatta Bay wall. I also told her with warmer weather, the smell from the porta potty has increased since the vent cap is on top of the porta potty roof. She said it would be removed “soon”. I asked her if for some reason it was not removed to please have it moved away from my balcony. Since they have delays with final permit approval, the porta potty is still on site and venting directly below my balcony. Would you be able to ask them to move the porta potty away from the residential area? Let me know and thank you.
Jim Heintz
From: Heintz Family <
Sent: Friday, July 16, 2021 2:16 PM
To: Richard Grunow <[email protected]>; Heintz Family < Cc: Jesse Brown <[email protected]>
Subject: [SPAM]Re: Car Wash next to Regatta Bay Hours of Operation Thanks for the reply Rich and for telling the car wash operator to stop operating without final permit. I heard from you guys and agree about repeat and ongoing traffic violations. I look forward to hearing about building permit inspection. Have a good weekend.
Jim Heintz
From: Richard Grunow <[email protected]>
Sent: Friday, July 16, 2021 12:43:39 PM
To: Heintz Family <
Cc: Jesse Brown <[email protected]>
Subject: RE: Car Wash next to Regatta Bay Hours of Operation Hi Jim,
We also enjoyed meeting you earlier this week. Jesse will be conducting an inspection with building staff next week. The operator was informed by building staff yesterday that they cannot operate without a permit.
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Casey
From: Mark Ochenduszko <[email protected]>
Sent: Tuesday, May 11, 2021 3:32 PM
To: Casey Tanaka
Cc: Richard Grunow
Subject: RE: Car Wash next to Regatta Bay Hours of Operation Casey- This is from Rich Grunow…
Our office has been in recent communication with the new owners of the car wash. We have made it clear that the carwash is subject to special use permit conditions which include limits on their hours of operation. They are allowed to operate the non-motorized car wash from 7am – 10 pm and the motorized bay between 7am – 8pm. We’ve also alerted them to past issues with noise and their surrounding residential neighbors and have been encouraging them to minimize noise during morning and evening hours.
Mark
P.S. The SUP allows them to operate under these conditions 7 days per week. In the past, we’ve been able to get the operator to cooperate with the neighbors and reduce noise during morning and evening hours. It is our hope we can again achieve this cooperation.
From: Casey Tanaka <[email protected]>
Sent: Tuesday, May 11, 2021 11:02 AM
To: Mark Ochenduszko <[email protected]>
Subject: Re: Car Wash next to Regatta Bay Hours of Operation Thank you
Casey
From: Mark Ochenduszko <[email protected]>
Sent: Tuesday, May 11, 2021 11:01:14 AM
To: Casey Tanaka <[email protected]>
Subject: RE: Car Wash next to Regatta Bay Hours of Operation CaseyI will look into this and provide a response to you soon.
Mark
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From: Lynn Hamilton
To: Jesse Brown; "Heintz Family"; CD Web Contact; "Richard Bailey"; Richard Bailey; "Richard Bailey"; " Richard Grunow; " "Joseph Cosart"; "
"Jeri Hickman"
Cc: Jennifer Ekblad
Subject: Re: 150 C Ave Car Wash Special Use Permit violations Date: Friday, December 30, 2022 5:40:58 AM
CAUTION: This email is from an EXTERNAL source. Ensure you trust this sender before clicking on any links or attachments.
Good morning, Jesse,
Since the NOV required an immediate reduction in noise generated by the car wash along with professional testing to verify such and from what we can verify on a daily basis, neither has been done, we are concerned that the Owner and Operator may be "kicking the can down the road" and delaying any correction. Could you do a drive by today to see (listen) for yourself that the operation is still as noisy as before? Just a reminder that the decibel study, which we assume must be of the caliber of the Dudek report, is due no later than January 6.
Thank you,
Lynn
Lynn LaBreche Hamilton
DRE License #01265662
www.lynnhamiltonrealtor.com
From: Jesse Brown <[email protected]>
Sent: Monday, November 28, 2022 11:21 AM
To: 'Heintz Family' < 'Lynn Hamilton' < CD Web
Contact <[email protected]>; 'Richard Bailey' <[email protected]>; Richard Bailey <[email protected]>; 'Richard Bailey' >;
< Richard Grunow <[email protected]>;
< 'Joseph Cosart' <
< 'Jeri Hickman' <
Cc: Jennifer Ekblad <[email protected]>
Subject: RE: 150 C Ave Car Wash Special Use Permit violations Good morning everyone,
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Hope you all had a nice holiday. Attached you will find a copy of the Notice of Violation the City sent to the car wash operator and property owner last week.
Regards,
Jesse Brown | Senior Planner
City of Coronado
Community Development Department
1825 Strand Way
Coronado, CA 92118
P: 619.522.2415
From: Jesse Brown
Sent: Wednesday, November 23, 2022 11:14 AM
To: Heintz Family < Lynn Hamilton < CD Web
Contact <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey
Richard Grunow <[email protected]>;
Joseph Cosart < Jeri Hickman
<
Subject: RE: 150 C Ave Car Wash Special Use Permit violations All,
I am checking to see if we can share it without a public records request and will notify this email group once it is determined.
Thanks, and hope everyone has a happy Thanksgiving.
Jesse Brown | Senior Planner
City of Coronado
Community Development Department
1825 Strand Way
Coronado, CA 92118
P: 619.522.2415
From: Heintz Family <
Sent: Wednesday, November 23, 2022 7:31 AM
To: Lynn Hamilton < Jesse Brown <[email protected]>; CD Web Contact <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey
Richard Grunow <[email protected]>;
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Joseph Cosart < Jeri Hickman
< Heintz Family <
Subject: Re: 150 C Ave Car Wash Special Use Permit violations CAUTION: This email is from an EXTERNAL source. Ensure you trust this sender before clicking on any links or attachments.
Thank you Jesse. I look forward to seeing the violation notice and the car wash operator and property owner requirements in the notice.
Jim Heintz
From: Lynn Hamilton <
Sent: Tuesday, November 22, 2022, 3:18 PM
To: Jesse Brown <[email protected]>; Heintz Family < CD Web Contact <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey ;
< Richard Grunow <[email protected]>;
< Joseph Cosart <
< Jeri Hickman <
Subject: Re: 150 C Ave Car Wash Special Use Permit violations That’s good news, Jesse. Can you send us a copy?
Thanks,
Lynn
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From: Jesse Brown <[email protected]>
Sent: Tuesday, November 22, 2022 3:13:41 PM
To: Heintz Family < Lynn Hamilton < CD Web
Contact <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey
< Richard Grunow <[email protected]>;
< Joseph Cosart <
< Jeri Hickman <
Subject: RE: 150 C Ave Car Wash Special Use Permit violations Hello everyone,
A Notice of Violation has been sent to the property owner and car wash operator today.
Regards,
Jesse Brown | Senior Planner
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City of Coronado
Community Development Department
1825 Strand Way
Coronado, CA 92118
P: 619.522.2415
From: Heintz Family <
Sent: Friday, November 18, 2022 11:23 AM
To: Jesse Brown <[email protected]>; Lynn Hamilton < CD Web Contact <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey ;
Richard Grunow <[email protected]>;
Joseph Cosart < Jeri Hickman
< Heintz Family <
Subject: Re: 150 C Ave Car Wash Special Use Permit violations CAUTION: This email is from an EXTERNAL source. Ensure you trust this sender before clicking on any links or attachments.
Jesse, it has been over another week. A week ago last Thursday you said Harris and Associates is reviewing the Dudek noise study. Have they completed their review? This continues to drag on even when the residential owners have gone above and beyond to help the city enforce city codes. You have asked for 2 weeks for over 10 weeks now.
It is shocking to me that 1 person complains about a band being too loud for a couple of hours, 1 day during the week at a Coronado restaurant and the band can no longer play there. What do the greatly, constantly and consistently impacted residential owners have to do to get resolution about the multiple and ongoing car wash violations?
Jim Heintz
From: Jesse Brown <[email protected]>
Sent: Thursday, November 10, 2022, 5:02 PM
To: Heintz Family < Lynn Hamilton < CD Web
Contact <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey
< Richard Grunow <[email protected]>;
< Joseph Cosart <
< Jeri Hickman <
Subject: RE: 150 C Ave Car Wash Special Use Permit violations Hi JIm,
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We are still coordinating with the consultant on the peer review. We will definitely update you once that is final and what steps the City plans to take as a result.
Regards,
Jesse Brown | Senior Planner
City of Coronado
Community Development Department
1825 Strand Way
Coronado, CA 92118
P: 619.522.2415
From: Heintz Family <
Sent: Wednesday, November 9, 2022 9:11 AM
To: Jesse Brown <[email protected]>; Lynn Hamilton < CD Web Contact <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey ;
Richard Grunow <[email protected]>;
Joseph Cosart < Jeri Hickman
< Heintz Family <
Subject: Re: 150 C Ave Car Wash Special Use Permit violations CAUTION: This email is from an EXTERNAL source. Ensure you trust this sender before clicking on any links or attachments.
Jesse, updates please?
Jim Heintz
From: Jesse Brown <[email protected]>
Sent: Friday, October 28, 2022 3:44:43 PM
To: Lynn Hamilton < Heintz Family < CD Web
Contact <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey
< Richard Grunow <[email protected]>;
< Joseph Cosart <
< Jeri Hickman <
Subject: RE: 150 C Ave Car Wash Special Use Permit violations Hi Jim and Lynn -
I want to assure you that City staff takes your complaints and concerns seriously. While we certainly Attachment 8 Attachment 8 Attachment 8
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understand your frustrations and desire for an expeditious resolution, the process of awarding a contract to a consultant and conducting the technical review takes considerable time.
We expect the third-party consultant review to be completed in the next two weeks. Staff will then review their findings and determine if there is a violation, and if so, what enforcement actions may be appropriate.
If the City determines enforcement is appropriate, staff will abide by the code enforcement procedures and timelines stipulated in the Coronado Municipal Code. Notably, parties accused of a code violation must be provided notice of the alleged violation(s) and an opportunity to cure the violation before the City can take any punitive measures.
We realize this timeline does not meet your expectations, but the City is obligated to conduct a fair and thorough investigation and to follow applicable legal standards. Failing to do so would be a disservice to both residents and the car wash operator.
As for the complaints about the mist overspray, we have completed our investigation of that matter and have concluded that it does not represent a violation of the use permit, municipal code, or stormwater regulations. Although we recognize the concern and will attempt to persuade the operator to prevent/minimize overspray, this is not something that we can compel through a code enforcement action.
The concern about cars stopping over the sidewalk is a trickier issue. We have seen your pictures of cars stopped on the sidewalk and have notified the operator that this is not allowed, but staff has not directly observed the practice during numerous inspections and we cannot take enforcement actions without direct, verifiable evidence of a violation. We will continue to monitor the situation and will explore possible remedies to prevent this from occurring.
Finally, we do appreciate the patience you and your neighbors have demonstrated and ask that you recognize that a lack of immediate action does not mean staff doesn’t care or isn’t pursuing the matter. This is a priority, but it will take time and we cannot take shortcuts.
Thanks for your understanding,
Jesse Brown | Senior Planner
City of Coronado
Community Development Department
1825 Strand Way
Coronado, CA 92118
P: 619.522.2415
From: Lynn Hamilton <
Sent: Friday, October 28, 2022 12:55 PM
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To: Heintz Family < Jesse Brown <[email protected]>; CD Web Contact <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey
Richard Grunow <[email protected]>;
Joseph Cosart < Jeri Hickman
<
Subject: Re: 150 C Ave Car Wash Special Use Permit violations CAUTION: This email is from an EXTERNAL source. Ensure you trust this sender before clicking on any links or attachments.
Jesse,
I met you with Jim Heinz two weeks ago when you visited the carwash on C Avenue to get a firsthand look at the overspray and listen to the excessive noise of the blowers, vacuums and car wash mechanism. We appreciated your time that day.
Jim, as President of the Regatta Bay HOA, has taken the lead in communicating with the City about the carwash violations to the Special Use Permit and, frankly, has exhibited a level of patience that is beyond belief. Please know that his frustration is shared by many of us who live in the nearby homes.
We understand that the Dudek noise study, which is appropriately technical, should have a peer review. You told us when we met that the consultant the City was hiring to perform the peer review stated that it should be done quickly. It has been two months since that report was submitted to the City and that step, as far as we know, is still not complete.
In the meantime, why weren't the other violations Jim outlined and provided ample evidence of been addressed immediately by the City? The carwash has been in operation for a year and a half and the violations began day one. Based on our conversation the day we met and your follow up emails, it appears that the City is throwing soft balls at the Operator, "discussing" the violations but not taking any strong official action. Why?
We all want to preserve the quality of life we have in Coronado. We expect our City officials to do the right thing and enforce the laws, codes and permits which are designed to do just that. There has been no sense of urgency on the part of the City officials in addressing violations to the carwash Special Use Permit. On the contrary, when expressing his very legitimate grievances, Jim has been brushed off by some of them. This is totally unacceptable.
Jim and the Regatta Bay Homeowners have gone above and beyond to prove the violations. They secured and studied the SUP to clarify what the carwash Operator was required to do. They did the research to discover that the SUP has been violated in the past by previous Operators and the Property Owner. They paid for a $5000 noise study to prove that the carwash was far exceeding the allowed decibel range. They have been vigilant in documenting violation after violation.
It's time for someone at the City to take charge and begin an enforcement action for violations of Attachment 8 Attachment 8 Attachment 8
City of Coronado Page 380
the requirements of the Special Use Permit.
If we do not hear from you by Nov. 3 regarding specific planned enforcement steps, we will seek assistance from the City at a higher administrative level than your office.
Respectfully,
Lynn Hamilton
Coronado Resident
Coronado
From: Heintz Family <
Sent: Friday, October 28, 2022 8:40 AM
To: Jesse Brown <[email protected]>; CD Web Contact <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey >; < Richard
Grunow <[email protected]>; < Joseph Cosart
< < Jeri Hickman
< 'Lynn Hamilton' < Heintz Family
<
Subject: RE: 150 C Ave Car Wash Special Use Permit violations The owners noise study was submitted to the city Sept 1. Almost 2 months and nothing has changed. Has any special use permit violation notice been sent to the operator for any of the numerous violations? Truly, this has become absurd! You say you have “talked” with the operators and no change! When will the city start sending the operator fines? My frustration level and my neighbors is beyond understanding.
Seriously, what specific actions will be accomplished on what timeline? Extreme ongoing noise violations next to sleeping quarters.
Continuous blocking of sidewalk
Operating after hours
Overspray which includes road grime, soap, wax and likely treatment chemicals.
Attachment 8 Attachment 8 Attachment 8
City of Coronado Page 381
Jim Heintz
From: Jesse Brown <[email protected]>
Sent: Tuesday, October 25, 2022 5:26 PM
To: Heintz Family < CD Web Contact <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey >; Richard Grunow
<[email protected]>; Joseph Cosart <
Jeri Hickman < 'Lynn Hamilton'
<
Subject: RE: 150 C Ave Car Wash Special Use Permit violations Jim,
Thanks for sharing that video, that is definitely a new one with using the garden hose after hours.
We will reach out to the operators again and will notify you once our noise study peer review has been completed.
Thanks,
Jesse Brown | Senior Planner
City of Coronado
Community Development Department
1825 Strand Way
Coronado, CA 92118
P: 619.522.2415
From: Heintz Family <
Sent: Sunday, October 23, 2022 9:16 PM
To: Jesse Brown <[email protected]>; CD Web Contact <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey >; Richard Grunow
<[email protected]>; Joseph Cosart <
Jeri Hickman < 'Lynn Hamilton'
< Heintz Family <
Subject: Re: 150 C Ave Car Wash Special Use Permit violations CAUTION: This email is from an EXTERNAL source. Ensure you trust this sender before clicking on any links or attachments.
Jesse, thank you for meeting at the car wash and viewing the overspray, which is no longer alleged overspray. You have received more pictures of cars blocking the sidewalk in the last week, with Attachment 8 Attachment 8 Attachment 8
City of Coronado Page 382
employees toweling the cars. I am looking forward to hearing the results of the noise study peer review which should be final by now. Next steps need to move quickly because this has not been resolved for too long.
Attached is a pic and video of a 9pm car washing. The young man said he has a membership, washes his car like this after hours often and was told by the operator or employees he could do this - his words. The young man was respectful and I asked him to no longer wash his car after hours. The scenarios of after hours operation grow!
Jim Heintz
From: Heintz Family <
Sent: Tuesday, October 11, 2022 4:59:29 PM
To: Jesse Brown <[email protected]>; CD Web Contact <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey >; < Richard
Grunow <[email protected]>; < Joseph Cosart
< < Jeri Hickman
< 'Lynn Hamilton' < Jim Heintz
<
Subject: Re: 150 C Ave Car Wash Special Use Permit violations See you this Thursday at 10.
Jim Heintz
From: Jesse Brown <[email protected]>
Sent: Tuesday, October 11, 2022, 4:41 PM
To: Heintz Family < CD Web Contact <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey >; < Richard
Grunow <[email protected]>; < Joseph Cosart
< < Jeri Hickman
< 'Lynn Hamilton' <
Subject: RE: 150 C Ave Car Wash Special Use Permit violations Jim,
I am just following up after our phone call. I will meet you at the fountain in front of your building this Thursday morning.
Regards,
Attachment 8 Attachment 8 Attachment 8
City of Coronado Page 383
Jesse Brown | Senior Planner
City of Coronado
Community Development Department
1825 Strand Way
Coronado, CA 92118
P: 619.522.2415
From: Heintz Family <
Sent: Tuesday, October 11, 2022 11:19 AM
To: Jesse Brown <[email protected]>; CD Web Contact <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey >; Richard Grunow
<[email protected]>; Joseph Cosart <
Jeri Hickman < 'Lynn Hamilton'
< Heintz Family <
Subject: RE: 150 C Ave Car Wash Special Use Permit violations CAUTION: This email is from an EXTERNAL source. Ensure you trust this sender before clicking on any links or attachments.
Jesse, I am surprised the peer review process was not started immediately after I submitted the noise study results a month ago. Mark Storm with Dudek (a company the city has used) can be schedule for questions or clarification.
I fully expect the car wash operator will be required to have the same in depth level of noise study performed to prove they meet ALL of the special use requirements after they make changes.
Send me a couple of times to view the overspray out to the street which is a danger to citizens using the public sidewalk from soap, recycled water and chemicals. Also, talk to Mayor Bailey who witnessed the overspray and said he would not use the sidewalk during the overspray. I have been caught in the overspray walking my daughter in a wheelchair, with no way to escape quickly.
Blocking of the sidewalk continues, picture attached from Sept 25, 2022 with employee toweling down a car. Have ANY violation notices been sent to the car wash operator (should be including increasing levels of financial fines) since I have sent you pictures now for over a year? Perhaps I should file an ADA violation, second picture attached from Sept 29, 2022.
The vacuums continue to be used after car wash business hours. It is a very simple thing for the operator to restrict access and turn off their lights when they close. In an earlier email chain, you said the vacuums are not in the special use permit so the city could not enforce a violation. A meth lab is not in their special use permit either, so that logic says it would also be OK. Since the vacuums are not listed in the special use permit (a City error to allow vacuums), standard city noise ordinances apply. Should I start calling the police about noise violations? Jim Heintz
Attachment 8 Attachment 8 Attachment 8
City of Coronado Page 384
(719)
From: Jesse Brown <[email protected]>
Sent: Thursday, October 6, 2022 8:28 AM
To: Heintz Family < CD Web Contact <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey >; Richard Grunow
<[email protected]>; Joseph Cosart <
Jeri Hickman < 'Lynn Hamilton'
<
Subject: RE: 150 C Ave Car Wash Special Use Permit violations Hi Jim,
Your frustration is certainly understandable, but as we’ve previously discussed, the City must do its due diligence before it can compel any action by the property owner. We are currently working on a contract with a third-party noise consultant to conduct a peer review of your noise study and to assist staff with determining what potential noise attenuation measures may be effective in reducing the impact on neighbors. This process will take several weeks.
The potential noise attenuation options we have discussed with the operator include quieter equipment, mufflers, exterior doors, modified hours of operation, a shorter blower cycle, gates/barriers to control entry to the site, etc. We expect the noise consultant may have additional ideas.
We will continue to periodically monitor the car wash regarding the alleged overspray and parking over the sidewalk and can meet with you on-site if you wish.
Regards,
Jesse Brown | Senior Planner
City of Coronado
Community Development Department
1825 Strand Way
Coronado, CA 92118
P: 619.522.2415
From: Heintz Family <
Sent: Wednesday, October 5, 2022 4:58 PM
To: Jesse Brown <[email protected]>; CD Web Contact <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey >; Richard Grunow
<[email protected]>; Joseph Cosart <
Heintz Family < Jeri Hickman
Attachment 8 Attachment 8 Attachment 8
City of Coronado Page 385
< 'Lynn Hamilton' <
Subject: Re: 150 C Ave Car Wash Special Use Permit violations CAUTION: This email is from an EXTERNAL source. Ensure you trust this sender before clicking on any links or attachments.
Jesse, I am waiting for a reply please. Thank you.
Jim Heintz
From: Heintz Family <
Sent: Monday, October 3, 2022, 6:18 PM
To: Jesse Brown <[email protected]>; CD Web Contact <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey < Richard
Grunow <[email protected]>; < Joseph Cosart
< < Heintz Family
<
Subject: Re: 150 C Ave Car Wash Special Use Permit violations Hi Jesse, what are the potential ways discussed to reduce the noise? The study shows that all aspects of the car wash, blowers, high pressure wash and vacuums exceed the 60 DB limit. The 24 hour study results show noise level never at or below 60 DB during hours of operation. So, what are the ideas being looked at?
Also, what timeline was agreed to? This has drug on for an extremely long time and I'm not sure what ASAP means.
Several other violations exist that I included in my investigation request. Sidewalks still blocked while towel drying (2 pics from the last week) for example. You said staff viewed the car wash operation and there was no overspray. I would be happy to meet with you and watch the mist go over the sidewalk and out to the street. Mayor Bailey witnessed the overspray to the street as well.
I look forward to seeing what ideas have been discussed. Thank you.
Jim Heintz
From: Jesse Brown <[email protected]>
Sent: Monday, October 3, 2022, 4:15 PM
To: Heintz Family < CD Web Contact <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey >; < Richard
Grunow <[email protected]>; < Joseph Cosart
Attachment 8 Attachment 8 Attachment 8
City of Coronado Page 386
< <
Subject: RE: 150 C Ave Car Wash Special Use Permit violations Hi Jim,
Currently the City is coordinating with our environmental consultant to conduct a peer review of the noise study so that we can verify the results. We were able to meet with Amity and Phil last week to discuss the car wash operations and the noise study. We discussed potential ways to reduce noise from operations and stressed to them that they need to find a solution ASAP. We plan to follow up with them while the noise study peer review is being conducted. I will reach out after that, but feel free to check in with me at any time.
Regards,
Jesse Brown | Senior Planner
City of Coronado
Community Development Department
1825 Strand Way
Coronado, CA 92118
P:
From: Heintz Family <
Sent: Monday, October 3, 2022 10:45 AM
To: Jesse Brown <[email protected]>; CD Web Contact <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey >; Richard Grunow
<[email protected]>; Joseph Cosart <
Heintz Family <
Subject: Re: 150 C Ave Car Wash Special Use Permit violations CAUTION: This email is from an EXTERNAL source. Ensure you trust this sender before clicking on any links or attachments.
Jesse, what came out of the meeting last Tuesday with the car wash operator? I have not seen a reply with that information and it has been almost another week.
Jim Heintz
From: Heintz Family <
Sent: Monday, September 26, 2022 1:40:41 PM
To: Jesse Brown <[email protected]>; CD Web Contact <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey >; < Richard
Attachment 8 Attachment 8 Attachment 8
City of Coronado Page 387
Grunow <[email protected]>; < Joseph Cosart
< < Jim Heintz
<
Subject: Re: 150 C Ave Car Wash Special Use Permit violations Thank you for the reply Jesse. Please let me and other owners know the results and actions after the meeting tomorrow.
Jim Heintz
From: Jesse Brown <[email protected]>
Sent: Monday, September 26, 2022 1:38:22 PM
To: Heintz Family < CD Web Contact <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey >; < Richard
Grunow <[email protected]>; < Joseph Cosart
< <
Subject: RE: 150 C Ave Car Wash Special Use Permit violations Hi Jim,
We have a meeting scheduled with the operators tomorrow afternoon to discuss the noise study, the use permit, and potential next steps to get this resolved.
Regards,
Jesse Brown | Senior Planner
City of Coronado
Community Development Department
1825 Strand Way
Coronado, CA 92118
P: 619.522.2415
From: Heintz Family <
Sent: Sunday, September 25, 2022 1:55 PM
To: Jesse Brown <[email protected]>; CD Web Contact <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey >; Richard Grunow
<[email protected]>; Joseph Cosart <
Heintz Family <
Subject: Re: 150 C Ave Car Wash Special Use Permit violations Attachment 8 Attachment 8 Attachment 8
City of Coronado Page 388
CAUTION: This email is from an EXTERNAL source. Ensure you trust this sender before clicking on any links or attachments.
Hello Jesse, please let me know what has occurred over the last week. As always, also let me know if you have questions. Thank you.
Jim Heintz
From: Heintz Family <
Sent: Friday, September 16, 2022, 9:11 PM
To: Jesse Brown <[email protected]>; CD Web Contact <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey >; < Richard
Grunow <[email protected]>; < Joseph Cosart
< Heintz Family <
<
Subject: Re: 150 C Ave Car Wash Special Use Permit violations Hello Jesse, thank you for the update. I look forward to resolution of the noise violation by reducing the noise level so owners can use their properties again. I also believe you will be working with the car wash operators on the other permit violations. I think the car wash should not be accessible after 8pm (it appears open) since the vacuums continue to be used literally all hours of the night (past midnight).
I expect the city will require the car wash operator to prove, with their own high quality noise study that they comply, after any changes. In the future, any operator at this location should demonstrate compliance before being allowed to open. The residential owners have invested money and operator/owner should also.
I look forward to the plans for the car wash operator to comply with the permit and proof of that compliance. This has gone on way too long so I also expect these remedies to be done quickly.
Jim Heintz
From: Jesse Brown <[email protected]>
Sent: Friday, September 16, 2022 1:56:57 PM
To: Heintz Family < CD Web Contact <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey < Richard
Grunow <[email protected]>; <
< Joseph Cosart <
Subject: RE: 150 C Ave Car Wash Special Use Permit violations Hello Jim,
Attachment 8 Attachment 8 Attachment 8
City of Coronado Page 389
I just wanted to follow up and let you know we are completing our review of the noise study you had prepared. Our next steps will include meeting with the car wash operator, present them with the information, and seek cooperation on ways to reduce the noise. I will provide you with updates as we work to find a solution, but don’t hesitate to reach out to me at any time.
Regards,
Jesse Brown | Senior Planner
City of Coronado
Community Development Department
1825 Strand Way
Coronado, CA 92118
P: 619.522.2415
From: Heintz Family <
Sent: Monday, September 12, 2022 2:25 PM
To: Jesse Brown <[email protected]>; CD Web Contact <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey >; Richard Grunow
<[email protected]>; Joseph Cosart
< Heintz Family <
Subject: Re: 150 C Ave Car Wash Special Use Permit violations CAUTION: This email is from an EXTERNAL source. Ensure you trust this sender before clicking on any links or attachments.
Will there be follow up this week?
Jim Heintz
From: Jesse Brown <[email protected]>
Sent: Friday, September 2, 2022, 11:16 AM
To: Heintz Family < CD Web Contact <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey >; < Richard
Grunow <[email protected]>; <
< Joseph Cosart <
Subject: RE: 150 C Ave Car Wash Special Use Permit violations Thank you, Jim. We will review the noise study and follow up as necessary. We can have an update for you, most likely next week.
Attachment 8 Attachment 8 Attachment 8
City of Coronado Page 390
Regards,
Jesse Brown | Senior Planner
City of Coronado
Community Development Department
1825 Strand Way
Coronado, CA 92118
P:
From: Heintz Family <
Sent: Thursday, September 1, 2022 4:28 PM
To: CD Web Contact <[email protected]>; Heintz Family < Richard Bailey <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey >; Jesse Brown
<[email protected]>; Richard Grunow <[email protected]>; Heintz Family < Joseph Cosart
<
Subject: 150 C Ave Car Wash Special Use Permit violations CAUTION: This email is from an EXTERNAL source. Ensure you trust this sender before clicking on any links or attachments.
I have completed the attached Request for Investigation form. I am also attaching a noise study report that was performed by Dudek August 19 and 20, 2022. Let me know next steps the City will take about these violations. Thank you.
Jim Heintz
Attachment 8 Attachment 8 Attachment 8
City of Coronado Page 391
Attachment 8 Attachment 8
City of Coronado Page 392
Jim,
Thank you for your patience as our investigation into your complaints about Philthy Philz Car Wash continues. We realize that the investigatory process has taken more time than expected and desired by all of the parties. We share the interest to reach a speedy conclusion to this matter and we are balancing that with the City's obligation to conduct a fair and impartial investigation.
As you are aware, the City now has received noise studies prepared from each of the parties. We are continuing to work with an independent third-party noise consultant to help us evaluate the studies. We anticipate that this process will take at least another month to complete. The City may commission an additional independent noise study, which could take additional months (to be determined), depending on the noise consultant’s schedule. We share this to be completely transparent about our due diligence to evaluate the noise complaints.
Following completion of the noise analysis, staff will work with the City Attorney’s office to determine if any violations exist, and if so, the appropriate corrective actions that should be taken to remedy the issues. We will not be in a position to communicate the results of our investigation until it is concluded.
For improved communication, we will provide an update approximately every two weeks, even if just to convey that the process is continuing.
In the meantime, please address any questions or concerns to the Assistant City Attorney’s office, Elizabeth Mitchell at [email protected].
Thank you for your patience,
Jesse Brown | Senior Planner
City of Coronado
Community Development Department
1825 Strand Way
Coronado, CA 92118
P: 619.522.2415
From: Heintz Family <
Sent: Thursday, March 2, 2023 11:10 AM
To: Jesse Brown <[email protected]>; Lynn Hamilton < CD Web Contact <[email protected]>; 'Richard Bailey' <[email protected]>; Richard Bailey <[email protected]>; 'Richard Bailey'
< Richard Grunow <[email protected]>;
< 'Joseph Cosart' <
Attachment 8 Attachment 8 Attachment 8
City of Coronado Page 393
< 'Jeri Hickman' <
Heintz Family < John Duncan <[email protected]>
Cc: Jennifer Ekblad <[email protected]>
Subject: Re: 150 C Ave Car Wash Special Use Permit violations CAUTION: This email is from an EXTERNAL source. Ensure you trust this sender before clicking on any links or attachments.
Jesse, in your return voicemail to me over 2 weeks ago, you said there were no updates. Where is the city now with the car wash special use permit violations? Thank you.
Jim Heintz
From: Jesse Brown <[email protected]>
Sent: Tuesday, January 3, 2023 8:38:09 AM
To: Heintz Family < Lynn Hamilton < CD Web
Contact <[email protected]>; 'Richard Bailey' <[email protected]>; Richard Bailey <[email protected]>; 'Richard Bailey' ;
< Richard Grunow <[email protected]>;
< 'Joseph Cosart' <
< 'Jeri Hickman' <
Cc: Jennifer Ekblad <[email protected]>
Subject: Re: 150 C Ave Car Wash Special Use Permit violations Lynn and Jim,
I assure you we are aware of the timeframe we provided in the NOV and have been in communication with the operators. I drive by the site 3-5 times a week but what my ears perceive will not be the same as a noise study. We will have to wait and see the noise study they provide, if at all, and determine our next steps at that point.
Thanks,
Jesse Brown | Senior Planner
City of Coronado
Community Development Department
1825 Strand Way
Coronado, CA 92118
P: 619.522.2415
Attachment 8 Attachment 8 Attachment 8
City of Coronado Page 394
From: Heintz Family <
Sent: Friday, December 30, 2022 8:12 AM
To: Lynn Hamilton < Jesse Brown <[email protected]>; CD Web Contact <[email protected]>; 'Richard Bailey' <[email protected]>; Richard Bailey <[email protected]>; 'Richard Bailey'
< Richard Grunow <[email protected]>;
< 'Joseph Cosart' <
< 'Jeri Hickman' <
Heintz Family <
Cc: Jennifer Ekblad <[email protected]>
Subject: Re: 150 C Ave Car Wash Special Use Permit violations CAUTION: This email is from an EXTERNAL source. Ensure you trust this sender before clicking on any links or attachments.
Good Morning Jesse. In addition to Lynn's comments, the car wash operation has been much slower over the last couple of weeks. 1 bay has been shut down for several consecutive days and the rain means less cars being washed. How will the City and peer review consider these issues on a noise study that asks for 1 hour of noise level? It is possible a noise study now could show 1 hour average results of zero car wash activity. Obviously, that level of noise is not representative of busier activity.
Jim Heintz
From: Lynn Hamilton <
Sent: Friday, December 30, 2022 5:40:37 AM
To: Jesse Brown <[email protected]>; 'Heintz Family' < CD Web Contact <[email protected]>; 'Richard Bailey' <[email protected]>; Richard Bailey <[email protected]>; 'Richard Bailey'
< Richard Grunow <[email protected]>;
< 'Joseph Cosart' <
< 'Jeri Hickman' <
Cc: Jennifer Ekblad <[email protected]>
Subject: Re: 150 C Ave Car Wash Special Use Permit violations Good morning, Jesse,
Since the NOV required an immediate reduction in noise generated by the car wash along with professional testing to verify such and from what we can verify on a daily basis, neither has been done, we are concerned that the Owner and Operator may be "kicking the can down the road" and delaying any correction. Could you do a drive by today to see (listen) for yourself that the operation is still as noisy as before? Just a reminder that the decibel study, which we assume must be of the caliber of the Dudek report, is due no later than January 6.
Thank you,
Attachment 8 Attachment 8 Attachment 8
City of Coronado Page 395
Lynn
Lynn LaBreche Hamilton
DRE License #01265662
www.lynnhamiltonrealtor.com
From: Jesse Brown <[email protected]>
Sent: Monday, November 28, 2022 11:21 AM
To: 'Heintz Family' < 'Lynn Hamilton' < CD Web
Contact <[email protected]>; 'Richard Bailey' <[email protected]>; Richard Bailey <[email protected]>; 'Richard Bailey' ;
< Richard Grunow <[email protected]>;
< 'Joseph Cosart' <
< 'Jeri Hickman' <
Cc: Jennifer Ekblad <[email protected]>
Subject: RE: 150 C Ave Car Wash Special Use Permit violations Good morning everyone,
Hope you all had a nice holiday. Attached you will find a copy of the Notice of Violation the City sent to the car wash operator and property owner last week.
Regards,
Jesse Brown | Senior Planner
City of Coronado
Community Development Department
1825 Strand Way
Coronado, CA 92118
P: 619.522.2415
From: Jesse Brown
Sent: Wednesday, November 23, 2022 11:14 AM
To: Heintz Family < Lynn Hamilton < CD Web
Contact <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey Attachment 8 Attachment 8 Attachment 8
City of Coronado Page 396
<[email protected]>; Richard Bailey ;
Richard Grunow <[email protected]>;
Joseph Cosart < Jeri Hickman
<
Subject: RE: 150 C Ave Car Wash Special Use Permit violations All,
I am checking to see if we can share it without a public records request and will notify this email group once it is determined.
Thanks, and hope everyone has a happy Thanksgiving.
Jesse Brown | Senior Planner
City of Coronado
Community Development Department
1825 Strand Way
Coronado, CA 92118
P: 619.522.2415
From: Heintz Family <
Sent: Wednesday, November 23, 2022 7:31 AM
To: Lynn Hamilton < Jesse Brown <[email protected]>; CD Web Contact <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey
Richard Grunow <[email protected]>;
Joseph Cosart < Jeri Hickman
< Heintz Family <
Subject: Re: 150 C Ave Car Wash Special Use Permit violations CAUTION: This email is from an EXTERNAL source. Ensure you trust this sender before clicking on any links or attachments.
Thank you Jesse. I look forward to seeing the violation notice and the car wash operator and property owner requirements in the notice.
Jim Heintz
From: Lynn Hamilton <
Sent: Tuesday, November 22, 2022, 3:18 PM
To: Jesse Brown <[email protected]>; Heintz Family < CD Web Contact <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey Attachment 8 Attachment 8 Attachment 8
City of Coronado Page 397
<[email protected]>; Richard Bailey
< Richard Grunow <[email protected]>;
< Joseph Cosart <
< Jeri Hickman <
Subject: Re: 150 C Ave Car Wash Special Use Permit violations That’s good news, Jesse. Can you send us a copy?
Thanks,
Lynn
Get Outlook for iOS
From: Jesse Brown <[email protected]>
Sent: Tuesday, November 22, 2022 3:13:41 PM
To: Heintz Family < Lynn Hamilton < CD Web
Contact <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey ;
< Richard Grunow <[email protected]>;
< Joseph Cosart <
< Jeri Hickman <
Subject: RE: 150 C Ave Car Wash Special Use Permit violations Hello everyone,
A Notice of Violation has been sent to the property owner and car wash operator today.
Regards,
Jesse Brown | Senior Planner
City of Coronado
Community Development Department
1825 Strand Way
Coronado, CA 92118
P: 619.522.2415
From: Heintz Family <
Sent: Friday, November 18, 2022 11:23 AM
To: Jesse Brown <[email protected]>; Lynn Hamilton < CD Web Contact <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey
Richard Grunow <[email protected]>;
Joseph Cosart < Jeri Hickman
< Heintz Family <
Attachment 8 Attachment 8 Attachment 8
City of Coronado Page 398
Subject: Re: 150 C Ave Car Wash Special Use Permit violations CAUTION: This email is from an EXTERNAL source. Ensure you trust this sender before clicking on any links or attachments.
Jesse, it has been over another week. A week ago last Thursday you said Harris and Associates is reviewing the Dudek noise study. Have they completed their review? This continues to drag on even when the residential owners have gone above and beyond to help the city enforce city codes. You have asked for 2 weeks for over 10 weeks now.
It is shocking to me that 1 person complains about a band being too loud for a couple of hours, 1 day during the week at a Coronado restaurant and the band can no longer play there. What do the greatly, constantly and consistently impacted residential owners have to do to get resolution about the multiple and ongoing car wash violations?
Jim Heintz
From: Jesse Brown <[email protected]>
Sent: Thursday, November 10, 2022, 5:02 PM
To: Heintz Family < Lynn Hamilton < CD Web
Contact <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey
< Richard Grunow <[email protected]>;
< Joseph Cosart <
< Jeri Hickman <
Subject: RE: 150 C Ave Car Wash Special Use Permit violations Hi JIm,
We are still coordinating with the consultant on the peer review. We will definitely update you once that is final and what steps the City plans to take as a result.
Regards,
Jesse Brown | Senior Planner
City of Coronado
Community Development Department
1825 Strand Way
Coronado, CA 92118
P: 619.522.2415
From: Heintz Family <
Attachment 8 Attachment 8 Attachment 8
City of Coronado Page 399
Sent: Wednesday, November 9, 2022 9:11 AM
To: Jesse Brown <[email protected]>; Lynn Hamilton < CD Web Contact <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey
Richard Grunow <[email protected]>;
Joseph Cosart < Jeri Hickman
< Heintz Family <
Subject: Re: 150 C Ave Car Wash Special Use Permit violations CAUTION: This email is from an EXTERNAL source. Ensure you trust this sender before clicking on any links or attachments.
Jesse, updates please?
Jim Heintz
From: Jesse Brown <[email protected]>
Sent: Friday, October 28, 2022 3:44:43 PM
To: Lynn Hamilton < Heintz Family < CD Web
Contact <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey ;
< Richard Grunow <[email protected]>;
< Joseph Cosart <
< Jeri Hickman <
Subject: RE: 150 C Ave Car Wash Special Use Permit violations Hi Jim and Lynn -
I want to assure you that City staff takes your complaints and concerns seriously. While we certainly understand your frustrations and desire for an expeditious resolution, the process of awarding a contract to a consultant and conducting the technical review takes considerable time.
We expect the third-party consultant review to be completed in the next two weeks. Staff will then review their findings and determine if there is a violation, and if so, what enforcement actions may be appropriate.
If the City determines enforcement is appropriate, staff will abide by the code enforcement procedures and timelines stipulated in the Coronado Municipal Code. Notably, parties accused of a code violation must be provided notice of the alleged violation(s) and an opportunity to cure the violation before the City can take any punitive measures.
We realize this timeline does not meet your expectations, but the City is obligated to conduct a fair and thorough investigation and to follow applicable legal standards. Failing to do so would be a disservice to both residents and the car wash operator.
Attachment 8 Attachment 8 Attachment 8
City of Coronado Page 400
As for the complaints about the mist overspray, we have completed our investigation of that matter and have concluded that it does not represent a violation of the use permit, municipal code, or stormwater regulations. Although we recognize the concern and will attempt to persuade the operator to prevent/minimize overspray, this is not something that we can compel through a code enforcement action.
The concern about cars stopping over the sidewalk is a trickier issue. We have seen your pictures of cars stopped on the sidewalk and have notified the operator that this is not allowed, but staff has not directly observed the practice during numerous inspections and we cannot take enforcement actions without direct, verifiable evidence of a violation. We will continue to monitor the situation and will explore possible remedies to prevent this from occurring.
Finally, we do appreciate the patience you and your neighbors have demonstrated and ask that you recognize that a lack of immediate action does not mean staff doesn’t care or isn’t pursuing the matter. This is a priority, but it will take time and we cannot take shortcuts.
Thanks for your understanding,
Jesse Brown | Senior Planner
City of Coronado
Community Development Department
1825 Strand Way
Coronado, CA 92118
P: 619.522.2415
From: Lynn Hamilton <
Sent: Friday, October 28, 2022 12:55 PM
To: Heintz Family < Jesse Brown <[email protected]>; CD Web Contact <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey
Richard Grunow <[email protected]>;
Joseph Cosart < Jeri Hickman
<
Subject: Re: 150 C Ave Car Wash Special Use Permit violations CAUTION: This email is from an EXTERNAL source. Ensure you trust this sender before clicking on any links or attachments.
Jesse,
I met you with Jim Heinz two weeks ago when you visited the carwash on C Avenue to get a firsthand look at the overspray and listen to the excessive noise of the blowers, vacuums and car wash mechanism. We appreciated your time that day.
Jim, as President of the Regatta Bay HOA, has taken the lead in communicating with the City about Attachment 8 Attachment 8 Attachment 8
City of Coronado Page 401
the carwash violations to the Special Use Permit and, frankly, has exhibited a level of patience that is beyond belief. Please know that his frustration is shared by many of us who live in the nearby homes.
We understand that the Dudek noise study, which is appropriately technical, should have a peer review. You told us when we met that the consultant the City was hiring to perform the peer review stated that it should be done quickly. It has been two months since that report was submitted to the City and that step, as far as we know, is still not complete.
In the meantime, why weren't the other violations Jim outlined and provided ample evidence of been addressed immediately by the City? The carwash has been in operation for a year and a half and the violations began day one. Based on our conversation the day we met and your follow up emails, it appears that the City is throwing soft balls at the Operator, "discussing" the violations but not taking any strong official action. Why?
We all want to preserve the quality of life we have in Coronado. We expect our City officials to do the right thing and enforce the laws, codes and permits which are designed to do just that. There has been no sense of urgency on the part of the City officials in addressing violations to the carwash Special Use Permit. On the contrary, when expressing his very legitimate grievances, Jim has been brushed off by some of them. This is totally unacceptable.
Jim and the Regatta Bay Homeowners have gone above and beyond to prove the violations. They secured and studied the SUP to clarify what the carwash Operator was required to do. They did the research to discover that the SUP has been violated in the past by previous Operators and the Property Owner. They paid for a $5000 noise study to prove that the carwash was far exceeding the allowed decibel range. They have been vigilant in documenting violation after violation.
It's time for someone at the City to take charge and begin an enforcement action for violations of the requirements of the Special Use Permit.
If we do not hear from you by Nov. 3 regarding specific planned enforcement steps, we will seek assistance from the City at a higher administrative level than your office.
Respectfully,
Lynn Hamilton
Coronado Resident
Coronado
Attachment 8 Attachment 8 Attachment 8
City of Coronado Page 402
From: Heintz Family <
Sent: Friday, October 28, 2022 8:40 AM
To: Jesse Brown <[email protected]>; CD Web Contact <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey < Richard
Grunow <[email protected]>; < Joseph Cosart
< < Jeri Hickman
< 'Lynn Hamilton' < Heintz Family
<
Subject: RE: 150 C Ave Car Wash Special Use Permit violations The owners noise study was submitted to the city Sept 1. Almost 2 months and nothing has changed. Has any special use permit violation notice been sent to the operator for any of the numerous violations? Truly, this has become absurd! You say you have “talked” with the operators and no change! When will the city start sending the operator fines? My frustration level and my neighbors is beyond understanding.
Seriously, what specific actions will be accomplished on what timeline? Extreme ongoing noise violations next to sleeping quarters.
Continuous blocking of sidewalk
Operating after hours
Overspray which includes road grime, soap, wax and likely treatment chemicals.
Jim Heintz
From: Jesse Brown <[email protected]>
Sent: Tuesday, October 25, 2022 5:26 PM
To: Heintz Family < CD Web Contact <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey >; Richard Grunow
<[email protected]>; Joseph Cosart <
Jeri Hickman < 'Lynn Hamilton'
<
Subject: RE: 150 C Ave Car Wash Special Use Permit violations Attachment 8 Attachment 8 Attachment 8
City of Coronado Page 403
Jim,
Thanks for sharing that video, that is definitely a new one with using the garden hose after hours.
We will reach out to the operators again and will notify you once our noise study peer review has been completed.
Thanks,
Jesse Brown | Senior Planner
City of Coronado
Community Development Department
1825 Strand Way
Coronado, CA 92118
P: 619.522.2415
From: Heintz Family <
Sent: Sunday, October 23, 2022 9:16 PM
To: Jesse Brown <[email protected]>; CD Web Contact <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey >; Richard Grunow
<[email protected]>; Joseph Cosart <
Jeri Hickman < 'Lynn Hamilton'
< Heintz Family <
Subject: Re: 150 C Ave Car Wash Special Use Permit violations CAUTION: This email is from an EXTERNAL source. Ensure you trust this sender before clicking on any links or attachments.
Jesse, thank you for meeting at the car wash and viewing the overspray, which is no longer alleged overspray. You have received more pictures of cars blocking the sidewalk in the last week, with employees toweling the cars. I am looking forward to hearing the results of the noise study peer review which should be final by now. Next steps need to move quickly because this has not been resolved for too long.
Attached is a pic and video of a 9pm car washing. The young man said he has a membership, washes his car like this after hours often and was told by the operator or employees he could do this - his words. The young man was respectful and I asked him to no longer wash his car after hours. The scenarios of after hours operation grow!
Jim Heintz
From: Heintz Family <
Sent: Tuesday, October 11, 2022 4:59:29 PM
Attachment 8 Attachment 8 Attachment 8
City of Coronado Page 404
To: Jesse Brown <[email protected]>; CD Web Contact <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey >; < Richard
Grunow <[email protected]>; < Joseph Cosart
< < Jeri Hickman
< 'Lynn Hamilton' < Jim Heintz
<
Subject: Re: 150 C Ave Car Wash Special Use Permit violations See you this Thursday at 10.
Jim Heintz
From: Jesse Brown <[email protected]>
Sent: Tuesday, October 11, 2022, 4:41 PM
To: Heintz Family < CD Web Contact <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey >; < Richard
Grunow <[email protected]>; < Joseph Cosart
< < Jeri Hickman
< 'Lynn Hamilton' <
Subject: RE: 150 C Ave Car Wash Special Use Permit violations Jim,
I am just following up after our phone call. I will meet you at the fountain in front of your building this Thursday morning.
Regards,
Jesse Brown | Senior Planner
City of Coronado
Community Development Department
1825 Strand Way
Coronado, CA 92118
P: 619.522.2415
From: Heintz Family <
Sent: Tuesday, October 11, 2022 11:19 AM
To: Jesse Brown <[email protected]>; CD Web Contact <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey Attachment 8 Attachment 8 Attachment 8
City of Coronado Page 405
>; Richard Grunow
<[email protected]>; Joseph Cosart <
Jeri Hickman < 'Lynn Hamilton'
< Heintz Family <
Subject: RE: 150 C Ave Car Wash Special Use Permit violations CAUTION: This email is from an EXTERNAL source. Ensure you trust this sender before clicking on any links or attachments.
Jesse, I am surprised the peer review process was not started immediately after I submitted the noise study results a month ago. Mark Storm with Dudek (a company the city has used) can be schedule for questions or clarification.
I fully expect the car wash operator will be required to have the same in depth level of noise study performed to prove they meet ALL of the special use requirements after they make changes.
Send me a couple of times to view the overspray out to the street which is a danger to citizens using the public sidewalk from soap, recycled water and chemicals. Also, talk to Mayor Bailey who witnessed the overspray and said he would not use the sidewalk during the overspray. I have been caught in the overspray walking my daughter in a wheelchair, with no way to escape quickly.
Blocking of the sidewalk continues, picture attached from Sept 25, 2022 with employee toweling down a car. Have ANY violation notices been sent to the car wash operator (should be including increasing levels of financial fines) since I have sent you pictures now for over a year? Perhaps I should file an ADA violation, second picture attached from Sept 29, 2022.
The vacuums continue to be used after car wash business hours. It is a very simple thing for the operator to restrict access and turn off their lights when they close. In an earlier email chain, you said the vacuums are not in the special use permit so the city could not enforce a violation. A meth lab is not in their special use permit either, so that logic says it would also be OK. Since the vacuums are not listed in the special use permit (a City error to allow vacuums), standard city noise ordinances apply. Should I start calling the police about noise violations? Jim Heintz
From: Jesse Brown <[email protected]>
Sent: Thursday, October 6, 2022 8:28 AM
To: Heintz Family < CD Web Contact <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey >; Richard Grunow
<[email protected]>; Joseph Cosart <
Jeri Hickman < 'Lynn Hamilton'
<
Subject: RE: 150 C Ave Car Wash Special Use Permit violations Hi Jim,
Attachment 8 Attachment 8 Attachment 8
City of Coronado Page 406
Your frustration is certainly understandable, but as we’ve previously discussed, the City must do its due diligence before it can compel any action by the property owner. We are currently working on a contract with a third-party noise consultant to conduct a peer review of your noise study and to assist staff with determining what potential noise attenuation measures may be effective in reducing the impact on neighbors. This process will take several weeks.
The potential noise attenuation options we have discussed with the operator include quieter equipment, mufflers, exterior doors, modified hours of operation, a shorter blower cycle, gates/barriers to control entry to the site, etc. We expect the noise consultant may have additional ideas.
We will continue to periodically monitor the car wash regarding the alleged overspray and parking over the sidewalk and can meet with you on-site if you wish.
Regards,
Jesse Brown | Senior Planner
City of Coronado
Community Development Department
1825 Strand Way
Coronado, CA 92118
P: 619.522.2415
From: Heintz Family <
Sent: Wednesday, October 5, 2022 4:58 PM
To: Jesse Brown <[email protected]>; CD Web Contact <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey Richard Grunow
<[email protected]>; Joseph Cosart <
Heintz Family < Jeri Hickman
< 'Lynn Hamilton' <
Subject: Re: 150 C Ave Car Wash Special Use Permit violations CAUTION: This email is from an EXTERNAL source. Ensure you trust this sender before clicking on any links or attachments.
Jesse, I am waiting for a reply please. Thank you.
Jim Heintz
From: Heintz Family <
Sent: Monday, October 3, 2022, 6:18 PM
Attachment 8 Attachment 8 Attachment 8
City of Coronado Page 407
To: Jesse Brown <[email protected]>; CD Web Contact <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey < Richard
Grunow <[email protected]>; < Joseph Cosart
< < Heintz Family
<
Subject: Re: 150 C Ave Car Wash Special Use Permit violations Hi Jesse, what are the potential ways discussed to reduce the noise? The study shows that all aspects of the car wash, blowers, high pressure wash and vacuums exceed the 60 DB limit. The 24 hour study results show noise level never at or below 60 DB during hours of operation. So, what are the ideas being looked at?
Also, what timeline was agreed to? This has drug on for an extremely long time and I'm not sure what ASAP means.
Several other violations exist that I included in my investigation request. Sidewalks still blocked while towel drying (2 pics from the last week) for example. You said staff viewed the car wash operation and there was no overspray. I would be happy to meet with you and watch the mist go over the sidewalk and out to the street. Mayor Bailey witnessed the overspray to the street as well.
I look forward to seeing what ideas have been discussed. Thank you.
Jim Heintz
From: Jesse Brown <[email protected]>
Sent: Monday, October 3, 2022, 4:15 PM
To: Heintz Family < CD Web Contact <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey ; < Richard
Grunow <[email protected]>; < Joseph Cosart
< <
Subject: RE: 150 C Ave Car Wash Special Use Permit violations Hi Jim,
Currently the City is coordinating with our environmental consultant to conduct a peer review of the noise study so that we can verify the results. We were able to meet with Amity and Phil last week to discuss the car wash operations and the noise study. We discussed potential ways to reduce noise from operations and stressed to them that they need to find a solution ASAP. We plan to follow up with them while the noise study peer review is being conducted. I will reach out after that, but feel free to check in with me at any time.
Attachment 8 Attachment 8 Attachment 8
City of Coronado Page 408
Regards,
Jesse Brown | Senior Planner
City of Coronado
Community Development Department
1825 Strand Way
Coronado, CA 92118
P: 619.522.2415
From: Heintz Family <
Sent: Monday, October 3, 2022 10:45 AM
To: Jesse Brown <[email protected]>; CD Web Contact <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey >; Richard Grunow
<[email protected]>; Joseph Cosart <
Heintz Family <
Subject: Re: 150 C Ave Car Wash Special Use Permit violations CAUTION: This email is from an EXTERNAL source. Ensure you trust this sender before clicking on any links or attachments.
Jesse, what came out of the meeting last Tuesday with the car wash operator? I have not seen a reply with that information and it has been almost another week.
Jim Heintz
From: Heintz Family <
Sent: Monday, September 26, 2022 1:40:41 PM
To: Jesse Brown <[email protected]>; CD Web Contact <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey >; < Richard
Grunow <[email protected]>; < Joseph Cosart
< < Jim Heintz
<
Subject: Re: 150 C Ave Car Wash Special Use Permit violations Thank you for the reply Jesse. Please let me and other owners know the results and actions after the meeting tomorrow.
Jim Heintz
From: Jesse Brown <[email protected]>
Attachment 8 Attachment 8 Attachment 8
City of Coronado Page 409
Sent: Monday, September 26, 2022 1:38:22 PM
To: Heintz Family < CD Web Contact <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey ; < Richard
Grunow <[email protected]>; < Joseph Cosart
< <
Subject: RE: 150 C Ave Car Wash Special Use Permit violations Hi Jim,
We have a meeting scheduled with the operators tomorrow afternoon to discuss the noise study, the use permit, and potential next steps to get this resolved.
Regards,
Jesse Brown | Senior Planner
City of Coronado
Community Development Department
1825 Strand Way
Coronado, CA 92118
P: 619.522.2415
From: Heintz Family <
Sent: Sunday, September 25, 2022 1:55 PM
To: Jesse Brown <[email protected]>; CD Web Contact <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey >; Richard Grunow
<[email protected]>; Joseph Cosart <
Heintz Family <
Subject: Re: 150 C Ave Car Wash Special Use Permit violations CAUTION: This email is from an EXTERNAL source. Ensure you trust this sender before clicking on any links or attachments.
Hello Jesse, please let me know what has occurred over the last week. As always, also let me know if you have questions. Thank you.
Jim Heintz
From: Heintz Family <
Sent: Friday, September 16, 2022, 9:11 PM
To: Jesse Brown <[email protected]>; CD Web Contact <[email protected]>; Richard Attachment 8 Attachment 8 Attachment 8
City of Coronado Page 410
Bailey <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey >; < Richard
Grunow <[email protected]>; < Joseph Cosart
< Heintz Family <
<
Subject: Re: 150 C Ave Car Wash Special Use Permit violations Hello Jesse, thank you for the update. I look forward to resolution of the noise violation by reducing the noise level so owners can use their properties again. I also believe you will be working with the car wash operators on the other permit violations. I think the car wash should not be accessible after 8pm (it appears open) since the vacuums continue to be used literally all hours of the night (past midnight).
I expect the city will require the car wash operator to prove, with their own high quality noise study that they comply, after any changes. In the future, any operator at this location should demonstrate compliance before being allowed to open. The residential owners have invested money and operator/owner should also.
I look forward to the plans for the car wash operator to comply with the permit and proof of that compliance. This has gone on way too long so I also expect these remedies to be done quickly.
Jim Heintz
From: Jesse Brown <[email protected]>
Sent: Friday, September 16, 2022 1:56:57 PM
To: Heintz Family < CD Web Contact <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey >; < Richard
Grunow <[email protected]>; <
< Joseph Cosart <
Subject: RE: 150 C Ave Car Wash Special Use Permit violations Hello Jim,
I just wanted to follow up and let you know we are completing our review of the noise study you had prepared. Our next steps will include meeting with the car wash operator, present them with the information, and seek cooperation on ways to reduce the noise. I will provide you with updates as we work to find a solution, but don’t hesitate to reach out to me at any time.
Regards,
Jesse Brown | Senior Planner
City of Coronado
Community Development Department
Attachment 8 Attachment 8 Attachment 8
City of Coronado Page 411
1825 Strand Way
Coronado, CA 92118
P: 619.522.2415
From: Heintz Family <
Sent: Monday, September 12, 2022 2:25 PM
To: Jesse Brown <[email protected]>; CD Web Contact <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey >; Richard Grunow
<[email protected]>; Joseph Cosart
< Heintz Family <
Subject: Re: 150 C Ave Car Wash Special Use Permit violations CAUTION: This email is from an EXTERNAL source. Ensure you trust this sender before clicking on any links or attachments.
Will there be follow up this week?
Jim Heintz
From: Jesse Brown <[email protected]>
Sent: Friday, September 2, 2022, 11:16 AM
To: Heintz Family < CD Web Contact <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey >; < Richard
Grunow <[email protected]>; <
< Joseph Cosart <
Subject: RE: 150 C Ave Car Wash Special Use Permit violations Thank you, Jim. We will review the noise study and follow up as necessary. We can have an update for you, most likely next week.
Regards,
Jesse Brown | Senior Planner
City of Coronado
Community Development Department
1825 Strand Way
Coronado, CA 92118
P: 619.522.2415
Attachment 8 Attachment 8 Attachment 8
City of Coronado Page 412
From: Heintz Family <
Sent: Thursday, September 1, 2022 4:28 PM
To: CD Web Contact <[email protected]>; Heintz Family < Richard Bailey <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey >; Jesse Brown
<[email protected]>; Richard Grunow <[email protected]>; Heintz Family < Joseph Cosart
<
Subject: 150 C Ave Car Wash Special Use Permit violations CAUTION: This email is from an EXTERNAL source. Ensure you trust this sender before clicking on any links or attachments.
I have completed the attached Request for Investigation form. I am also attaching a noise study report that was performed by Dudek August 19 and 20, 2022. Let me know next steps the City will take about these violations. Thank you.
Jim Heintz
Attachment 8 Attachment 8 Attachment 8
City of Coronado Page 413
From: Heintz Family
To: Jesse Brown; Jeri Hickman; "Lynn Hamilton"; Heintz Family Cc: CD Web Contact; "Richard Bailey"; Richard Bailey; "Richard Bailey"; Richard Grunow; "Joseph Cosart"; Jennifer Ekblad
Subject: Re: 150 C Ave Car Wash Special Use Permit violations Date: Thursday, December 8, 2022 3:08:22 PM
CAUTION: This email is from an EXTERNAL source. Ensure you trust this sender before clicking on any links or attachments.
Hi Jesse, I left to pick up my daughter and saw the car wash operator's truck parked partially blocking the sidewalk. I returned 30 minutes later and the truck was still in the same place. I left at 2:00 and returned at 2:30 today. I had to maneuver my daughter's wheelchair down the car wash exit drive to get by Philthy Phil's truck. Amazing that this guy parks his truck in the handicapped street parking spot and continues to impair sidewalk use after so many warnings! It is way past time for the city to send fines to the car wash operator. Maybe a financial penalty will get his attention? The car wash operators have shown they have no regard for the special use permit conditions or courtesy to others in general. Please take some steps that will have an impact. Thank you.
Jim Heintz
From: Jesse Brown <[email protected]>
Sent: Monday, December 5, 2022 2:56:24 PM
To: Jeri Hickman < 'Lynn Hamilton' <
'Heintz Family' <
Cc: CD Web Contact <[email protected]>; 'Richard Bailey' <[email protected]>; Richard Bailey <[email protected]>; 'Richard Bailey' >; < Richard Grunow <[email protected]>;
< 'Joseph Cosart' <
< Jennifer Ekblad <[email protected]>
Subject: RE: 150 C Ave Car Wash Special Use Permit violations Thanks for the photo, Jeri. Unfortunately I am not involved in enforcing the vehicle or parking codes.
If you witness this again I suggest calling the Coronado PD non-emergency line at 619-522-7350.
Regards,
Jesse Brown | Senior Planner
City of Coronado
Community Development Department
1825 Strand Way
Coronado, CA 92118
P: 619.522.2415
From: Jeri Hickman <
Attachment 8 Attachment 8 Attachment 8
City of Coronado Page 414
Sent: Monday, December 5, 2022 11:31 AM
To: Jesse Brown <[email protected]>; 'Lynn Hamilton' < 'Heintz Family' <
Cc: CD Web Contact <[email protected]>; 'Richard Bailey' <[email protected]>; Richard Bailey <[email protected]>; 'Richard Bailey' ; Richard Grunow <[email protected]>;
'Joseph Cosart' < Jennifer Ekblad
<[email protected]>
Subject: RE: 150 C Ave Car Wash Special Use Permit violations CAUTION: This email is from an EXTERNAL source. Ensure you trust this sender before clicking on any links or attachments.
Jesse-Here is today’s 11:15am photo of Phil Provenzano (owner of Philthy Philz Carwash) parked in the handicapped spot in front of his business. He has no handicapped placard. He does not seem to be a person who cares about violations or, interested in following rules.
Thanks, Jeri Hickman, Regatta Bay
From: Jesse Brown <[email protected]>
Sent: Monday, November 28, 2022 4:39 PM
To: Lynn Hamilton < Heintz Family <
Cc: CD Web Contact <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey >; Richard Grunow <[email protected]>;
Joseph Cosart < Jeri Hickman
< Jennifer Ekblad <[email protected]>
Subject: RE: 150 C Ave Car Wash Special Use Permit violations Lynn,
I will be happy to update you all whenever you would like to reach out to us for the current status.
We have discussed the utilities/vacuums with them and were led to believe they put in a timer to prevent their use after hours.
Regards,
Jesse Brown | Senior Planner
City of Coronado
Community Development Department
1825 Strand Way
Coronado, CA 92118
P: 619.522.2415
Attachment 8 Attachment 8 Attachment 8
City of Coronado Page 415
From: Lynn Hamilton <
Sent: Monday, November 28, 2022 12:12 PM
To: Heintz Family <
Cc: Jesse Brown <[email protected]>; CD Web Contact <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey >; Richard Grunow
<[email protected]>; Joseph Cosart <
Jeri Hickman < Jennifer Ekblad
<[email protected]>
Subject: Re: 150 C Ave Car Wash Special Use Permit violations CAUTION: This email is from an EXTERNAL source. Ensure you trust this sender before clicking on any links or attachments.
Jesse,
Thank you so much for sending the Notice. Will you be updating us on the Owner and/or Operator’s response?
In the short term, are they also on notice to turn off the utilities at 10:00 pm? Best,
Lynn
Sent from my iPhone
Lynn Hamilton
On Nov 28, 2022, at 2:49 PM, Heintz Family < wrote:
Jesse, thank you for sending this over.
Jim Heintz
From: Jesse Brown <[email protected]>
Sent: Monday, November 28, 2022 11:21:58 AM
To: 'Heintz Family' < 'Lynn Hamilton'
< CD Web Contact <[email protected]>; 'Richard
Bailey' <[email protected]>; Richard Bailey <[email protected]>; 'Richard Bailey' >;
< Richard Grunow <[email protected]>;
< 'Joseph Cosart'
< < 'Jeri
Hickman' <
Cc: Jennifer Ekblad <[email protected]>
Subject: RE: 150 C Ave Car Wash Special Use Permit violations Attachment 8 Attachment 8 Attachment 8
City of Coronado Page 416
Good morning everyone,
Hope you all had a nice holiday. Attached you will find a copy of the Notice of Violation the City sent to the car wash operator and property owner last week.
Regards,
Jesse Brown | Senior Planner
City of Coronado
Community Development Department
1825 Strand Way
Coronado, CA 92118
P: 619.522.2415
From: Jesse Brown
Sent: Wednesday, November 23, 2022 11:14 AM
To: Heintz Family < Lynn Hamilton <
CD Web Contact <[email protected]>; Richard Bailey
<[email protected]>; Richard Bailey <[email protected]>; Richard Bailey ; Richard Grunow
<[email protected]>; Joseph Cosart
< Jeri Hickman
<
Subject: RE: 150 C Ave Car Wash Special Use Permit violations All,
I am checking to see if we can share it without a public records request and will notify this email group once it is determined.
Thanks, and hope everyone has a happy Thanksgiving.
Jesse Brown | Senior Planner
City of Coronado
Community Development Department
1825 Strand Way
Coronado, CA 92118
P: 619.522.2415
From: Heintz Family <
Sent: Wednesday, November 23, 2022 7:31 AM
Attachment 8 Attachment 8 Attachment 8
City of Coronado Page 417
To: Lynn Hamilton < Jesse Brown
<[email protected]>; CD Web Contact <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey >; Richard
Grunow <[email protected]>; Joseph Cosart
< Jeri Hickman
< Heintz Family <
Subject: Re: 150 C Ave Car Wash Special Use Permit violations CAUTION: This email is from an EXTERNAL source. Ensure you trust this sender before clicking on any links or attachments.
Thank you Jesse. I look forward to seeing the violation notice and the car wash operator and property owner requirements in the notice.
Jim Heintz
From: Lynn Hamilton <
Sent: Tuesday, November 22, 2022, 3:18 PM
To: Jesse Brown <[email protected]>; Heintz Family < CD Web Contact <[email protected]>; Richard Bailey
<[email protected]>; Richard Bailey <[email protected]>; Richard Bailey >;
< Richard Grunow <[email protected]>;
< Joseph Cosart <
< Jeri Hickman
<
Subject: Re: 150 C Ave Car Wash Special Use Permit violations That’s good news, Jesse. Can you send us a copy?
Thanks,
Lynn
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From: Jesse Brown <[email protected]>
Sent: Tuesday, November 22, 2022 3:13:41 PM
To: Heintz Family < Lynn Hamilton <
CD Web Contact <[email protected]>; Richard Bailey
<[email protected]>; Richard Bailey <[email protected]>; Richard Bailey >;
< Richard Grunow <[email protected]>;
< Joseph Cosart <
< Jeri Hickman
<
Attachment 8 Attachment 8 Attachment 8
City of Coronado Page 418
Subject: RE: 150 C Ave Car Wash Special Use Permit violations Hello everyone,
A Notice of Violation has been sent to the property owner and car wash operator today.
Regards,
Jesse Brown | Senior Planner
City of Coronado
Community Development Department
1825 Strand Way
Coronado, CA 92118
P: 619.522.2415
From: Heintz Family <
Sent: Friday, November 18, 2022 11:23 AM
To: Jesse Brown <[email protected]>; Lynn Hamilton
< CD Web Contact <[email protected]>; Richard
Bailey <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey >; Richard
Grunow <[email protected]>; Joseph Cosart
< Jeri Hickman
< Heintz Family <
Subject: Re: 150 C Ave Car Wash Special Use Permit violations CAUTION: This email is from an EXTERNAL source. Ensure you trust this sender before clicking on any links or attachments.
Jesse, it has been over another week. A week ago last Thursday you said Harris and Associates is reviewing the Dudek noise study. Have they completed their review? This continues to drag on even when the residential owners have gone above and beyond to help the city enforce city codes. You have asked for 2 weeks for over 10 weeks now.
It is shocking to me that 1 person complains about a band being too loud for a couple of hours, 1 day during the week at a Coronado restaurant and the band can no longer play there. What do the greatly, constantly and consistently impacted residential owners have to do to get resolution about the multiple and ongoing car wash violations?
Jim Heintz
Attachment 8 Attachment 8 Attachment 8
City of Coronado Page 419
From: Jesse Brown <[email protected]>
Sent: Thursday, November 10, 2022, 5:02 PM
To: Heintz Family < Lynn Hamilton <
CD Web Contact <[email protected]>; Richard Bailey
<[email protected]>; Richard Bailey <[email protected]>; Richard Bailey >;
< Richard Grunow <[email protected]>;
< Joseph Cosart <
< Jeri Hickman
<
Subject: RE: 150 C Ave Car Wash Special Use Permit violations Hi JIm,
We are still coordinating with the consultant on the peer review. We will definitely update you once that is final and what steps the City plans to take as a result.
Regards,
Jesse Brown | Senior Planner
City of Coronado
Community Development Department
1825 Strand Way
Coronado, CA 92118
P: 619.522.2415
From: Heintz Family <
Sent: Wednesday, November 9, 2022 9:11 AM
To: Jesse Brown <[email protected]>; Lynn Hamilton
< CD Web Contact <[email protected]>; Richard
Bailey <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey >; Richard
Grunow <[email protected]>; Joseph Cosart
< Jeri Hickman
< Heintz Family <
Subject: Re: 150 C Ave Car Wash Special Use Permit violations CAUTION: This email is from an EXTERNAL source. Ensure you trust this sender before clicking on any links or attachments.
Jesse, updates please?
Jim Heintz
Attachment 8 Attachment 8 Attachment 8
City of Coronado Page 420
From: Jesse Brown <[email protected]>
Sent: Friday, October 28, 2022 3:44:43 PM
To: Lynn Hamilton < Heintz Family <
CD Web Contact <[email protected]>; Richard Bailey
<[email protected]>; Richard Bailey <[email protected]>; Richard Bailey >;
< Richard Grunow <[email protected]>;
< Joseph Cosart <
< Jeri Hickman
<
Subject: RE: 150 C Ave Car Wash Special Use Permit violations Hi Jim and Lynn -
I want to assure you that City staff takes your complaints and concerns seriously. While we certainly understand your frustrations and desire for an expeditious resolution, the process of awarding a contract to a consultant and conducting the technical review takes considerable time.
We expect the third-party consultant review to be completed in the next two weeks.
Staff will then review their findings and determine if there is a violation, and if so, what enforcement actions may be appropriate.
If the City determines enforcement is appropriate, staff will abide by the code enforcement procedures and timelines stipulated in the Coronado Municipal Code.
Notably, parties accused of a code violation must be provided notice of the alleged violation(s) and an opportunity to cure the violation before the City can take any punitive measures.
We realize this timeline does not meet your expectations, but the City is obligated to conduct a fair and thorough investigation and to follow applicable legal standards.
Failing to do so would be a disservice to both residents and the car wash operator.
As for the complaints about the mist overspray, we have completed our investigation of that matter and have concluded that it does not represent a violation of the use permit, municipal code, or stormwater regulations. Although we recognize the concern and will attempt to persuade the operator to prevent/minimize overspray, this is not something that we can compel through a code enforcement action.
The concern about cars stopping over the sidewalk is a trickier issue. We have seen your pictures of cars stopped on the sidewalk and have notified the operator that this is not allowed, but staff has not directly observed the practice during numerous inspections and we cannot take enforcement actions without direct, verifiable evidence of a violation. We will continue to monitor the situation and will explore possible Attachment 8 Attachment 8 Attachment 8
City of Coronado Page 421
remedies to prevent this from occurring.
Finally, we do appreciate the patience you and your neighbors have demonstrated and ask that you recognize that a lack of immediate action does not mean staff doesn’t care or isn’t pursuing the matter. This is a priority, but it will take time and we cannot take shortcuts.
Thanks for your understanding,
Jesse Brown | Senior Planner
City of Coronado
Community Development Department
1825 Strand Way
Coronado, CA 92118
P: 619.522.2415
From: Lynn Hamilton <
Sent: Friday, October 28, 2022 12:55 PM
To: Heintz Family < Jesse Brown <[email protected]>; CD Web Contact <[email protected]>; Richard Bailey
<[email protected]>; Richard Bailey <[email protected]>; Richard Bailey < >; Richard Grunow
<[email protected]>; Joseph Cosart
< Jeri Hickman
<
Subject: Re: 150 C Ave Car Wash Special Use Permit violations CAUTION: This email is from an EXTERNAL source. Ensure you trust this sender before clicking on any links or attachments.
Jesse,
I met you with Jim Heinz two weeks ago when you visited the carwash on C Avenue to get a first-hand look at the overspray and listen to the excessive noise of the blowers, vacuums and car wash mechanism. We appreciated your time that day.
Jim, as President of the Regatta Bay HOA, has taken the lead in communicating with the City about the carwash violations to the Special Use Permit and, frankly, has exhibited a level of patience that is beyond belief. Please know that his frustration is shared by many of us who live in the nearby homes.
We understand that the Dudek noise study, which is appropriately technical, should have a peer review. You told us when we met that the consultant the City was hiring to perform the peer review stated that it should be done quickly. It has been two months since that report was submitted to the City and that step, as far as we know, is still not Attachment 8 Attachment 8 Attachment 8
City of Coronado Page 422
complete.
In the meantime, why weren't the other violations Jim outlined and provided ample evidence of been addressed immediately by the City? The carwash has been in operation for a year and a half and the violations began day one. Based on our conversation the day we met and your follow up emails, it appears that the City is throwing soft balls at the Operator, "discussing" the violations but not taking any strong official action. Why?
We all want to preserve the quality of life we have in Coronado. We expect our City officials to do the right thing and enforce the laws, codes and permits which are designed to do just that. There has been no sense of urgency on the part of the City officials in addressing violations to the carwash Special Use Permit. On the contrary, when expressing his very legitimate grievances, Jim has been brushed off by some of them. This is totally unacceptable.
Jim and the Regatta Bay Homeowners have gone above and beyond to prove the violations. They secured and studied the SUP to clarify what the carwash Operator was required to do. They did the research to discover that the SUP has been violated in the past by previous Operators and the Property Owner. They paid for a $5000 noise study to prove that the carwash was far exceeding the allowed decibel range. They have been vigilant in documenting violation after violation.
It's time for someone at the City to take charge and begin an enforcement action for violations of the requirements of the Special Use Permit.
If we do not hear from you by Nov. 3 regarding specific planned enforcement steps, we will seek assistance from the City at a higher administrative level than your office.
Respectfully,
Lynn Hamilton
Coronado Resident
Coronado
Attachment 8 Attachment 8 Attachment 8
City of Coronado Page 423
From: Heintz Family <
Sent: Friday, October 28, 2022 8:40 AM
To: Jesse Brown <[email protected]>; CD Web Contact <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey < >;
< Richard Grunow
<[email protected]>; < Joseph
Cosart < < Jeri
Hickman < 'Lynn Hamilton' <
Heintz Family <
Subject: RE: 150 C Ave Car Wash Special Use Permit violations The owners noise study was submitted to the city Sept 1. Almost 2 months and nothing has changed. Has any special use permit violation notice been sent to the operator for any of the numerous violations? Truly, this has become absurd! You say you have “talked” with the operators and no change! When will the city start sending the operator fines? My frustration level and my neighbors is beyond understanding.
Seriously, what specific actions will be accomplished on what timeline? Extreme ongoing noise violations next to sleeping quarters.
Continuous blocking of sidewalk
Operating after hours
Overspray which includes road grime, soap, wax and likely treatment chemicals.
Jim Heintz
From: Jesse Brown <[email protected]>
Sent: Tuesday, October 25, 2022 5:26 PM
To: Heintz Family < CD Web Contact
<[email protected]>; Richard Bailey <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey <
Richard Grunow <[email protected]>;
Joseph Cosart <
Jeri Hickman < 'Lynn Hamilton'
<
Subject: RE: 150 C Ave Car Wash Special Use Permit violations Jim,
Thanks for sharing that video, that is definitely a new one with using the garden hose Attachment 8 Attachment 8 Attachment 8
City of Coronado Page 424
after hours. We will reach out to the operators again and will notify you once our noise study peer review has been completed.
Thanks,
Jesse Brown | Senior Planner
City of Coronado
Community Development Department
1825 Strand Way
Coronado, CA 92118
P: 619.522.2415
From: Heintz Family <
Sent: Sunday, October 23, 2022 9:16 PM
To: Jesse Brown <[email protected]>; CD Web Contact <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey <
Richard Grunow <[email protected]>;
Joseph Cosart <
Jeri Hickman < 'Lynn Hamilton'
< Heintz Family <
Subject: Re: 150 C Ave Car Wash Special Use Permit violations CAUTION: This email is from an EXTERNAL source. Ensure you trust this sender before clicking on any links or attachments.
Jesse, thank you for meeting at the car wash and viewing the overspray, which is no longer alleged overspray. You have received more pictures of cars blocking the sidewalk in the last week, with employees toweling the cars. I am looking forward to hearing the results of the noise study peer review which should be final by now. Next steps need to move quickly because this has not been resolved for too long.
Attached is a pic and video of a 9pm car washing. The young man said he has a membership, washes his car like this after hours often and was told by the operator or employees he could do this - his words. The young man was respectful and I asked him to no longer wash his car after hours. The scenarios of after hours operation grow! Jim Heintz
From: Heintz Family <
Sent: Tuesday, October 11, 2022 4:59:29 PM
To: Jesse Brown <[email protected]>; CD Web Contact <[email protected]>; Richard Bailey <[email protected]>; Richard Attachment 8 Attachment 8 Attachment 8
City of Coronado Page 425
Bailey <[email protected]>; Richard Bailey ;
< Richard Grunow
<[email protected]>; < Joseph
Cosart < < Jeri
Hickman < 'Lynn Hamilton' <
Jim Heintz <
Subject: Re: 150 C Ave Car Wash Special Use Permit violations See you this Thursday at 10.
Jim Heintz
From: Jesse Brown <[email protected]>
Sent: Tuesday, October 11, 2022, 4:41 PM
To: Heintz Family < CD Web Contact
<[email protected]>; Richard Bailey <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey >;
< Richard Grunow
<[email protected]>; < Joseph
Cosart < < Jeri
Hickman < 'Lynn Hamilton' <
Subject: RE: 150 C Ave Car Wash Special Use Permit violations Jim,
I am just following up after our phone call. I will meet you at the fountain in front of your building this Thursday morning.
Regards,
Jesse Brown | Senior Planner
City of Coronado
Community Development Department
1825 Strand Way
Coronado, CA 92118
P: 619.522.2415
From: Heintz Family <
Sent: Tuesday, October 11, 2022 11:19 AM
To: Jesse Brown <[email protected]>; CD Web Contact <[email protected]>; Richard Bailey <[email protected]>; Richard Attachment 8 Attachment 8 Attachment 8
City of Coronado Page 426
Bailey <[email protected]>; Richard Bailey
Richard Grunow <[email protected]>;
Joseph Cosart <
Jeri Hickman < 'Lynn Hamilton'
< Heintz Family <
Subject: RE: 150 C Ave Car Wash Special Use Permit violations CAUTION: This email is from an EXTERNAL source. Ensure you trust this sender before clicking on any links or attachments.
Jesse, I am surprised the peer review process was not started immediately after I submitted the noise study results a month ago. Mark Storm with Dudek (a company the city has used) can be schedule for questions or clarification.
I fully expect the car wash operator will be required to have the same in depth level of noise study performed to prove they meet ALL of the special use requirements after they make changes.
Send me a couple of times to view the overspray out to the street which is a danger to citizens using the public sidewalk from soap, recycled water and chemicals. Also, talk to Mayor Bailey who witnessed the overspray and said he would not use the sidewalk during the overspray. I have been caught in the overspray walking my daughter in a wheelchair, with no way to escape quickly. Blocking of the sidewalk continues, picture attached from Sept 25, 2022 with employee toweling down a car. Have ANY violation notices been sent to the car wash operator (should be including increasing levels of financial fines) since I have sent you pictures now for over a year? Perhaps I should file an ADA violation, second picture attached from Sept 29, 2022.
The vacuums continue to be used after car wash business hours. It is a very simple thing for the operator to restrict access and turn off their lights when they close. In an earlier email chain, you said the vacuums are not in the special use permit so the city could not enforce a violation. A meth lab is not in their special use permit either, so that logic says it would also be OK. Since the vacuums are not listed in the special use permit (a City error to allow vacuums), standard city noise ordinances apply. Should I start calling the police about noise violations?
Jim Heintz
From: Jesse Brown <[email protected]>
Sent: Thursday, October 6, 2022 8:28 AM
To: Heintz Family < CD Web Contact
<[email protected]>; Richard Bailey <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey
Richard Grunow <[email protected]>;
Joseph Cosart <
Attachment 8 Attachment 8 Attachment 8
City of Coronado Page 427
Jeri Hickman < 'Lynn Hamilton'
<
Subject: RE: 150 C Ave Car Wash Special Use Permit violations Hi Jim,
Your frustration is certainly understandable, but as we’ve previously discussed, the City must do its due diligence before it can compel any action by the property owner. We are currently working on a contract with a third-party noise consultant to conduct a peer review of your noise study and to assist staff with determining what potential noise attenuation measures may be effective in reducing the impact on neighbors. This process will take several weeks.
The potential noise attenuation options we have discussed with the operator include quieter equipment, mufflers, exterior doors, modified hours of operation, a shorter blower cycle, gates/barriers to control entry to the site, etc. We expect the noise consultant may have additional ideas.
We will continue to periodically monitor the car wash regarding the alleged overspray and parking over the sidewalk and can meet with you on-site if you wish.
Regards,
Jesse Brown | Senior Planner
City of Coronado
Community Development Department
1825 Strand Way
Coronado, CA 92118
P: 619.522.2415
From: Heintz Family <
Sent: Wednesday, October 5, 2022 4:58 PM
To: Jesse Brown <[email protected]>; CD Web Contact <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey ;
Richard Grunow <[email protected]>;
Joseph Cosart <
Heintz Family < Jeri Hickman <
'Lynn Hamilton' <
Subject: Re: 150 C Ave Car Wash Special Use Permit violations CAUTION: This email is from an EXTERNAL source. Ensure you trust this sender before clicking on any links or attachments.
Jesse, I am waiting for a reply please. Thank you.
Attachment 8 Attachment 8 Attachment 8
City of Coronado Page 428
Jim Heintz
From: Heintz Family <
Sent: Monday, October 3, 2022, 6:18 PM
To: Jesse Brown <[email protected]>; CD Web Contact <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey
< Richard Grunow
<[email protected]>; < Joseph
Cosart < <
Heintz Family <
Subject: Re: 150 C Ave Car Wash Special Use Permit violations Hi Jesse, what are the potential ways discussed to reduce the noise? The study shows that all aspects of the car wash, blowers, high pressure wash and vacuums exceed the 60 DB limit. The 24 hour study results show noise level never at or below 60 DB during hours of operation. So, what are the ideas being looked at? Also, what timeline was agreed to? This has drug on for an extremely long time and I'm not sure what ASAP means.
Several other violations exist that I included in my investigation request. Sidewalks still blocked while towel drying (2 pics from the last week) for example. You said staff viewed the car wash operation and there was no overspray. I would be happy to meet with you and watch the mist go over the sidewalk and out to the street. Mayor Bailey witnessed the overspray to the street as well.
I look forward to seeing what ideas have been discussed. Thank you.
Jim Heintz
From: Jesse Brown <[email protected]>
Sent: Monday, October 3, 2022, 4:15 PM
To: Heintz Family < CD Web Contact
<[email protected]>; Richard Bailey <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey
< Richard Grunow
<[email protected]>; < Joseph
Cosart < <
Subject: RE: 150 C Ave Car Wash Special Use Permit violations Attachment 8 Attachment 8 Attachment 8
City of Coronado Page 429
Hi Jim,
Currently the City is coordinating with our environmental consultant to conduct a peer review of the noise study so that we can verify the results. We were able to meet with Amity and Phil last week to discuss the car wash operations and the noise study. We discussed potential ways to reduce noise from operations and stressed to them that they need to find a solution ASAP. We plan to follow up with them while the noise study peer review is being conducted. I will reach out after that, but feel free to check in with me at any time.
Regards,
Jesse Brown | Senior Planner
City of Coronado
Community Development Department
1825 Strand Way
Coronado, CA 92118
P: 619.522.2415
From: Heintz Family <
Sent: Monday, October 3, 2022 10:45 AM
To: Jesse Brown <[email protected]>; CD Web Contact <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey ;
Richard Grunow <[email protected]>;
Joseph Cosart <
Heintz Family <
Subject: Re: 150 C Ave Car Wash Special Use Permit violations CAUTION: This email is from an EXTERNAL source. Ensure you trust this sender before clicking on any links or attachments.
Jesse, what came out of the meeting last Tuesday with the car wash operator? I have not seen a reply with that information and it has been almost another week.
Jim Heintz
From: Heintz Family <
Sent: Monday, September 26, 2022 1:40:41 PM
To: Jesse Brown <[email protected]>; CD Web Contact <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey
< Richard Grunow
Attachment 8 Attachment 8 Attachment 8
City of Coronado Page 430
<[email protected]>; < Joseph
Cosart < < Jim
Heintz <
Subject: Re: 150 C Ave Car Wash Special Use Permit violations Thank you for the reply Jesse. Please let me and other owners know the results and actions after the meeting tomorrow.
Jim Heintz
From: Jesse Brown <[email protected]>
Sent: Monday, September 26, 2022 1:38:22 PM
To: Heintz Family < CD Web Contact
<[email protected]>; Richard Bailey <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey
< Richard Grunow
<[email protected]>; < Joseph
Cosart < <
Subject: RE: 150 C Ave Car Wash Special Use Permit violations Hi Jim,
We have a meeting scheduled with the operators tomorrow afternoon to discuss the noise study, the use permit, and potential next steps to get this resolved.
Regards,
Jesse Brown | Senior Planner
City of Coronado
Community Development Department
1825 Strand Way
Coronado, CA 92118
P: 619.522.2415
From: Heintz Family <
Sent: Sunday, September 25, 2022 1:55 PM
To: Jesse Brown <[email protected]>; CD Web Contact <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey
Richard Grunow <[email protected]>;
Joseph Cosart <
Heintz Family <
Attachment 8 Attachment 8 Attachment 8
City of Coronado Page 431
Subject: Re: 150 C Ave Car Wash Special Use Permit violations CAUTION: This email is from an EXTERNAL source. Ensure you trust this sender before clicking on any links or attachments.
Hello Jesse, please let me know what has occurred over the last week. As always, also let me know if you have questions. Thank you.
Jim Heintz
From: Heintz Family <
Sent: Friday, September 16, 2022, 9:11 PM
To: Jesse Brown <[email protected]>; CD Web Contact <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey ;
< Richard Grunow
<[email protected]>; < Joseph
Cosart < Heintz Family <
<
Subject: Re: 150 C Ave Car Wash Special Use Permit violations Hello Jesse, thank you for the update. I look forward to resolution of the noise violation by reducing the noise level so owners can use their properties again. I also believe you will be working with the car wash operators on the other permit violations. I think the car wash should not be accessible after 8pm (it appears open) since the vacuums continue to be used literally all hours of the night (past midnight).
I expect the city will require the car wash operator to prove, with their own high quality noise study that they comply, after any changes. In the future, any operator at this location should demonstrate compliance before being allowed to open. The residential owners have invested money and operator/owner should also.
I look forward to the plans for the car wash operator to comply with the permit and proof of that compliance. This has gone on way too long so I also expect these remedies to be done quickly.
Jim Heintz
From: Jesse Brown <[email protected]>
Sent: Friday, September 16, 2022 1:56:57 PM
To: Heintz Family < CD Web Contact
<[email protected]>; Richard Bailey <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey
< Richard Grunow
Attachment 8 Attachment 8 Attachment 8
City of Coronado Page 432
<[email protected]>; <
< Joseph Cosart
<
Subject: RE: 150 C Ave Car Wash Special Use Permit violations Hello Jim,
I just wanted to follow up and let you know we are completing our review of the noise study you had prepared. Our next steps will include meeting with the car wash operator, present them with the information, and seek cooperation on ways to reduce the noise. I will provide you with updates as we work to find a solution, but don’t hesitate to reach out to me at any time.
Regards,
Jesse Brown | Senior Planner
City of Coronado
Community Development Department
1825 Strand Way
Coronado, CA 92118
P: 619.522.2415
From: Heintz Family <
Sent: Monday, September 12, 2022 2:25 PM
To: Jesse Brown <[email protected]>; CD Web Contact <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey
Richard Grunow <[email protected]>;
Joseph Cosart <
Heintz Family <
Subject: Re: 150 C Ave Car Wash Special Use Permit violations CAUTION: This email is from an EXTERNAL source. Ensure you trust this sender before clicking on any links or attachments.
Will there be follow up this week?
Jim Heintz
From: Jesse Brown <[email protected]>
Sent: Friday, September 2, 2022, 11:16 AM
To: Heintz Family < CD Web Contact
<[email protected]>; Richard Bailey <[email protected]>; Richard Attachment 8 Attachment 8 Attachment 8
City of Coronado Page 433
Bailey <[email protected]>; Richard Bailey
< Richard Grunow
<[email protected]>; <
< Joseph Cosart
<
Subject: RE: 150 C Ave Car Wash Special Use Permit violations Thank you, Jim. We will review the noise study and follow up as necessary. We can have an update for you, most likely next week.
Regards,
Jesse Brown | Senior Planner
City of Coronado
Community Development Department
1825 Strand Way
Coronado, CA 92118
P: 619.522.2415
From: Heintz Family <
Sent: Thursday, September 1, 2022 4:28 PM
To: CD Web Contact <[email protected]>; Heintz Family < Richard Bailey <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey ;
Jesse Brown <[email protected]>; Richard Grunow
<[email protected]>; Heintz Family <
Joseph Cosart <
Subject: 150 C Ave Car Wash Special Use Permit violations CAUTION: This email is from an EXTERNAL source. Ensure you trust this sender before clicking on any links or attachments.
I have completed the attached Request for Investigation form. I am also attaching a noise study report that was performed by Dudek August 19 and 20, 2022. Let me know next steps the City will take about these violations. Thank you.
Jim Heintz
Attachment 8 Attachment 8 Attachment 8
City of Coronado Page 434
Attachment 8 Attachment 8 Attachment 8
City of Coronado Page 435
Attachment 8 Attachment 8
City of Coronado Page 436
Following completion of the noise analysis, staff will work with the City Attorney’s office to determine if any violations exist, and if so, the appropriate corrective actions that should be taken to remedy the issues. We will not be in a position to communicate the results of our investigation until it is concluded.
For improved communication, we will provide an update approximately every two weeks, even if just to convey that the process is continuing.
In the meantime, please address any questions or concerns to the Assistant City Attorney’s office, Elizabeth Mitchell at [email protected].
Thank you for your patience,
Jesse Brown | Senior Planner
City of Coronado
Community Development Department
1825 Strand Way
Coronado, CA 92118
P: 619.522.2415
From: Heintz Family <
Sent: Thursday, March 2, 2023 11:10 AM
To: Jesse Brown <[email protected]>; Lynn Hamilton < CD Web Contact <[email protected]>; 'Richard Bailey' <[email protected]>; Richard Bailey <[email protected]>; 'Richard Bailey' ;
< Richard Grunow <[email protected]>;
< 'Joseph Cosart' <
< 'Jeri Hickman' <
Heintz Family < John Duncan <[email protected]>
Cc: Jennifer Ekblad <[email protected]>
Subject: Re: 150 C Ave Car Wash Special Use Permit violations CAUTION: This email is from an EXTERNAL source. Ensure you trust this sender before clicking on any links or attachments.
Jesse, in your return voicemail to me over 2 weeks ago, you said there were no updates. Where is the city now with the car wash special use permit violations? Thank you.
Jim Heintz
From: Jesse Brown <[email protected]>
Sent: Tuesday, January 3, 2023 8:38:09 AM
Attachment 8 Attachment 8 Attachment 8
City of Coronado Page 437
To: Heintz Family < Lynn Hamilton < CD Web
Contact <[email protected]>; 'Richard Bailey' <[email protected]>; Richard Bailey <[email protected]>; 'Richard Bailey' >;
< Richard Grunow <[email protected]>;
< 'Joseph Cosart' <
< 'Jeri Hickman' <
Cc: Jennifer Ekblad <[email protected]>
Subject: Re: 150 C Ave Car Wash Special Use Permit violations Lynn and Jim,
I assure you we are aware of the timeframe we provided in the NOV and have been in communication with the operators. I drive by the site 3-5 times a week but what my ears perceive will not be the same as a noise study. We will have to wait and see the noise study they provide, if at all, and determine our next steps at that point.
Thanks,
Jesse Brown | Senior Planner
City of Coronado
Community Development Department
1825 Strand Way
Coronado, CA 92118
P: 619.522.2415
From: Heintz Family <
Sent: Friday, December 30, 2022 8:12 AM
To: Lynn Hamilton < Jesse Brown <[email protected]>; CD Web Contact <[email protected]>; 'Richard Bailey' <[email protected]>; Richard Bailey <[email protected]>; 'Richard Bailey'
< Richard Grunow <[email protected]>;
< 'Joseph Cosart' <
< 'Jeri Hickman' <
Heintz Family <
Cc: Jennifer Ekblad <[email protected]>
Subject: Re: 150 C Ave Car Wash Special Use Permit violations CAUTION: This email is from an EXTERNAL source. Ensure you trust this sender before clicking on any links or attachments.
Good Morning Jesse. In addition to Lynn's comments, the car wash operation has been much slower Attachment 8 Attachment 8 Attachment 8
City of Coronado Page 438
over the last couple of weeks. 1 bay has been shut down for several consecutive days and the rain means less cars being washed. How will the City and peer review consider these issues on a noise study that asks for 1 hour of noise level? It is possible a noise study now could show 1 hour average results of zero car wash activity. Obviously, that level of noise is not representative of busier activity.
Jim Heintz
From: Lynn Hamilton <
Sent: Friday, December 30, 2022 5:40:37 AM
To: Jesse Brown <[email protected]>; 'Heintz Family' < CD Web Contact <[email protected]>; 'Richard Bailey' <[email protected]>; Richard Bailey <[email protected]>; 'Richard Bailey' ;
< Richard Grunow <[email protected]>;
< 'Joseph Cosart' <
< 'Jeri Hickman' <
Cc: Jennifer Ekblad <[email protected]>
Subject: Re: 150 C Ave Car Wash Special Use Permit violations Good morning, Jesse,
Since the NOV required an immediate reduction in noise generated by the car wash along with professional testing to verify such and from what we can verify on a daily basis, neither has been done, we are concerned that the Owner and Operator may be "kicking the can down the road" and delaying any correction. Could you do a drive by today to see (listen) for yourself that the operation is still as noisy as before? Just a reminder that the decibel study, which we assume must be of the caliber of the Dudek report, is due no later than January 6.
Thank you,
Lynn
Lynn LaBreche Hamilton
DRE License #01265662
www.lynnhamiltonrealtor.com
From: Jesse Brown <[email protected]>
Attachment 8 Attachment 8 Attachment 8
City of Coronado Page 439
Sent: Monday, November 28, 2022 11:21 AM
To: 'Heintz Family' < 'Lynn Hamilton' < CD Web
Contact <[email protected]>; 'Richard Bailey' <[email protected]>; Richard Bailey <[email protected]>; 'Richard Bailey' ;
< Richard Grunow <[email protected]>;
< 'Joseph Cosart' <
< 'Jeri Hickman' <
Cc: Jennifer Ekblad <[email protected]>
Subject: RE: 150 C Ave Car Wash Special Use Permit violations Good morning everyone,
Hope you all had a nice holiday. Attached you will find a copy of the Notice of Violation the City sent to the car wash operator and property owner last week.
Regards,
Jesse Brown | Senior Planner
City of Coronado
Community Development Department
1825 Strand Way
Coronado, CA 92118
P: 619.522.2415
From: Jesse Brown
Sent: Wednesday, November 23, 2022 11:14 AM
To: Heintz Family < Lynn Hamilton < CD Web
Contact <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey
Richard Grunow <[email protected]>;
Joseph Cosart < Jeri Hickman
<
Subject: RE: 150 C Ave Car Wash Special Use Permit violations All,
I am checking to see if we can share it without a public records request and will notify this email group once it is determined.
Thanks, and hope everyone has a happy Thanksgiving.
Jesse Brown | Senior Planner
City of Coronado
Community Development Department
Attachment 8 Attachment 8 Attachment 8
City of Coronado Page 440
1825 Strand Way
Coronado, CA 92118
P: 619.522.2415
From: Heintz Family <
Sent: Wednesday, November 23, 2022 7:31 AM
To: Lynn Hamilton < Jesse Brown <[email protected]>; CD Web Contact <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey
Richard Grunow <[email protected]>;
Joseph Cosart < Jeri Hickman
< Heintz Family <
Subject: Re: 150 C Ave Car Wash Special Use Permit violations CAUTION: This email is from an EXTERNAL source. Ensure you trust this sender before clicking on any links or attachments.
Thank you Jesse. I look forward to seeing the violation notice and the car wash operator and property owner requirements in the notice.
Jim Heintz
From: Lynn Hamilton <
Sent: Tuesday, November 22, 2022, 3:18 PM
To: Jesse Brown <[email protected]>; Heintz Family < CD Web Contact <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey
< Richard Grunow <[email protected]>;
< Joseph Cosart <
< Jeri Hickman <
Subject: Re: 150 C Ave Car Wash Special Use Permit violations That’s good news, Jesse. Can you send us a copy?
Thanks,
Lynn
Get Outlook for iOS
From: Jesse Brown <[email protected]>
Sent: Tuesday, November 22, 2022 3:13:41 PM
To: Heintz Family < Lynn Hamilton < CD Web
Contact <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey Attachment 8 Attachment 8 Attachment 8
City of Coronado Page 441
<[email protected]>; Richard Bailey ;
< Richard Grunow <[email protected]>;
< Joseph Cosart <
< Jeri Hickman <
Subject: RE: 150 C Ave Car Wash Special Use Permit violations Hello everyone,
A Notice of Violation has been sent to the property owner and car wash operator today.
Regards,
Jesse Brown | Senior Planner
City of Coronado
Community Development Department
1825 Strand Way
Coronado, CA 92118
P: 619.522.2415
From: Heintz Family <
Sent: Friday, November 18, 2022 11:23 AM
To: Jesse Brown <[email protected]>; Lynn Hamilton < CD Web Contact <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey
Richard Grunow <[email protected]>;
Joseph Cosart < Jeri Hickman
< Heintz Family <
Subject: Re: 150 C Ave Car Wash Special Use Permit violations CAUTION: This email is from an EXTERNAL source. Ensure you trust this sender before clicking on any links or attachments.
Jesse, it has been over another week. A week ago last Thursday you said Harris and Associates is reviewing the Dudek noise study. Have they completed their review? This continues to drag on even when the residential owners have gone above and beyond to help the city enforce city codes. You have asked for 2 weeks for over 10 weeks now.
It is shocking to me that 1 person complains about a band being too loud for a couple of hours, 1 day during the week at a Coronado restaurant and the band can no longer play there. What do the greatly, constantly and consistently impacted residential owners have to do to get resolution about the multiple and ongoing car wash violations?
Jim Heintz
Attachment 8 Attachment 8 Attachment 8
City of Coronado Page 442
From: Jesse Brown <[email protected]>
Sent: Thursday, November 10, 2022, 5:02 PM
To: Heintz Family < Lynn Hamilton < CD Web
Contact <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey >;
< Richard Grunow <[email protected]>;
< Joseph Cosart <
< Jeri Hickman <
Subject: RE: 150 C Ave Car Wash Special Use Permit violations Hi JIm,
We are still coordinating with the consultant on the peer review. We will definitely update you once that is final and what steps the City plans to take as a result.
Regards,
Jesse Brown | Senior Planner
City of Coronado
Community Development Department
1825 Strand Way
Coronado, CA 92118
P: 619.522.2415
From: Heintz Family <
Sent: Wednesday, November 9, 2022 9:11 AM
To: Jesse Brown <[email protected]>; Lynn Hamilton < CD Web Contact <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey m>;
Richard Grunow <[email protected]>;
Joseph Cosart < Jeri Hickman
< Heintz Family <
Subject: Re: 150 C Ave Car Wash Special Use Permit violations CAUTION: This email is from an EXTERNAL source. Ensure you trust this sender before clicking on any links or attachments.
Jesse, updates please?
Jim Heintz
Attachment 8 Attachment 8 Attachment 8
City of Coronado Page 443
From: Jesse Brown <[email protected]>
Sent: Friday, October 28, 2022 3:44:43 PM
To: Lynn Hamilton < Heintz Family < CD Web
Contact <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey ;
< Richard Grunow <[email protected]>;
< Joseph Cosart <
< Jeri Hickman <
Subject: RE: 150 C Ave Car Wash Special Use Permit violations Hi Jim and Lynn -
I want to assure you that City staff takes your complaints and concerns seriously. While we certainly understand your frustrations and desire for an expeditious resolution, the process of awarding a contract to a consultant and conducting the technical review takes considerable time.
We expect the third-party consultant review to be completed in the next two weeks. Staff will then review their findings and determine if there is a violation, and if so, what enforcement actions may be appropriate.
If the City determines enforcement is appropriate, staff will abide by the code enforcement procedures and timelines stipulated in the Coronado Municipal Code. Notably, parties accused of a code violation must be provided notice of the alleged violation(s) and an opportunity to cure the violation before the City can take any punitive measures.
We realize this timeline does not meet your expectations, but the City is obligated to conduct a fair and thorough investigation and to follow applicable legal standards. Failing to do so would be a disservice to both residents and the car wash operator.
As for the complaints about the mist overspray, we have completed our investigation of that matter and have concluded that it does not represent a violation of the use permit, municipal code, or stormwater regulations. Although we recognize the concern and will attempt to persuade the operator to prevent/minimize overspray, this is not something that we can compel through a code enforcement action.
The concern about cars stopping over the sidewalk is a trickier issue. We have seen your pictures of cars stopped on the sidewalk and have notified the operator that this is not allowed, but staff has not directly observed the practice during numerous inspections and we cannot take enforcement actions without direct, verifiable evidence of a violation. We will continue to monitor the situation and will explore possible remedies to prevent this from occurring.
Finally, we do appreciate the patience you and your neighbors have demonstrated and ask that you recognize that a lack of immediate action does not mean staff doesn’t care or isn’t pursuing the matter. This is a priority, but it will take time and we cannot take shortcuts.
Attachment 8 Attachment 8 Attachment 8
City of Coronado Page 444
Thanks for your understanding,
Jesse Brown | Senior Planner
City of Coronado
Community Development Department
1825 Strand Way
Coronado, CA 92118
P: 619.522.2415
From: Lynn Hamilton <
Sent: Friday, October 28, 2022 12:55 PM
To: Heintz Family < Jesse Brown <[email protected]>; CD Web Contact <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey >;
Richard Grunow <[email protected]>;
Joseph Cosart < Jeri Hickman
<
Subject: Re: 150 C Ave Car Wash Special Use Permit violations CAUTION: This email is from an EXTERNAL source. Ensure you trust this sender before clicking on any links or attachments.
Jesse,
I met you with Jim Heinz two weeks ago when you visited the carwash on C Avenue to get a firsthand look at the overspray and listen to the excessive noise of the blowers, vacuums and car wash mechanism. We appreciated your time that day.
Jim, as President of the Regatta Bay HOA, has taken the lead in communicating with the City about the carwash violations to the Special Use Permit and, frankly, has exhibited a level of patience that is beyond belief. Please know that his frustration is shared by many of us who live in the nearby homes.
We understand that the Dudek noise study, which is appropriately technical, should have a peer review. You told us when we met that the consultant the City was hiring to perform the peer review stated that it should be done quickly. It has been two months since that report was submitted to the City and that step, as far as we know, is still not complete.
In the meantime, why weren't the other violations Jim outlined and provided ample evidence of been addressed immediately by the City? The carwash has been in operation for a year and a half and the violations began day one. Based on our conversation the day we met and your follow up emails, it appears that the City is throwing soft balls at the Operator, "discussing" the violations but not taking any strong official action. Why?
Attachment 8 Attachment 8 Attachment 8
City of Coronado Page 445
We all want to preserve the quality of life we have in Coronado. We expect our City officials to do the right thing and enforce the laws, codes and permits which are designed to do just that. There has been no sense of urgency on the part of the City officials in addressing violations to the carwash Special Use Permit. On the contrary, when expressing his very legitimate grievances, Jim has been brushed off by some of them. This is totally unacceptable.
Jim and the Regatta Bay Homeowners have gone above and beyond to prove the violations. They secured and studied the SUP to clarify what the carwash Operator was required to do. They did the research to discover that the SUP has been violated in the past by previous Operators and the Property Owner. They paid for a $5000 noise study to prove that the carwash was far exceeding the allowed decibel range. They have been vigilant in documenting violation after violation.
It's time for someone at the City to take charge and begin an enforcement action for violations of the requirements of the Special Use Permit.
If we do not hear from you by Nov. 3 regarding specific planned enforcement steps, we will seek assistance from the City at a higher administrative level than your office.
Respectfully,
Lynn Hamilton
Coronado Resident
Coronado
From: Heintz Family <
Sent: Friday, October 28, 2022 8:40 AM
To: Jesse Brown <[email protected]>; CD Web Contact <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey >; < Richard
Grunow <[email protected]>; < Joseph Cosart
< < Jeri Hickman
Attachment 8 Attachment 8 Attachment 8
City of Coronado Page 446
< 'Lynn Hamilton' < Heintz Family
<
Subject: RE: 150 C Ave Car Wash Special Use Permit violations The owners noise study was submitted to the city Sept 1. Almost 2 months and nothing has changed. Has any special use permit violation notice been sent to the operator for any of the numerous violations? Truly, this has become absurd! You say you have “talked” with the operators and no change! When will the city start sending the operator fines? My frustration level and my neighbors is beyond understanding.
Seriously, what specific actions will be accomplished on what timeline? Extreme ongoing noise violations next to sleeping quarters.
Continuous blocking of sidewalk
Operating after hours
Overspray which includes road grime, soap, wax and likely treatment chemicals.
Jim Heintz
From: Jesse Brown <[email protected]>
Sent: Tuesday, October 25, 2022 5:26 PM
To: Heintz Family < CD Web Contact <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey >; Richard Grunow
<[email protected]>; Joseph Cosart <
Jeri Hickman < 'Lynn Hamilton'
<
Subject: RE: 150 C Ave Car Wash Special Use Permit violations Jim,
Thanks for sharing that video, that is definitely a new one with using the garden hose after hours.
We will reach out to the operators again and will notify you once our noise study peer review has been completed.
Thanks,
Jesse Brown | Senior Planner
City of Coronado
Community Development Department
1825 Strand Way
Coronado, CA 92118
P:
Attachment 8 Attachment 8 Attachment 8
City of Coronado Page 447
From: Heintz Family <
Sent: Sunday, October 23, 2022 9:16 PM
To: Jesse Brown <[email protected]>; CD Web Contact <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey >; Richard Grunow
<[email protected]>; Joseph Cosart <
Jeri Hickman < 'Lynn Hamilton'
< Heintz Family <
Subject: Re: 150 C Ave Car Wash Special Use Permit violations CAUTION: This email is from an EXTERNAL source. Ensure you trust this sender before clicking on any links or attachments.
Jesse, thank you for meeting at the car wash and viewing the overspray, which is no longer alleged overspray. You have received more pictures of cars blocking the sidewalk in the last week, with employees toweling the cars. I am looking forward to hearing the results of the noise study peer review which should be final by now. Next steps need to move quickly because this has not been resolved for too long.
Attached is a pic and video of a 9pm car washing. The young man said he has a membership, washes his car like this after hours often and was told by the operator or employees he could do this - his words. The young man was respectful and I asked him to no longer wash his car after hours. The scenarios of after hours operation grow!
Jim Heintz
From: Heintz Family <
Sent: Tuesday, October 11, 2022 4:59:29 PM
To: Jesse Brown <[email protected]>; CD Web Contact <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey >; < Richard
Grunow <[email protected]>; < Joseph Cosart
< < Jeri Hickman
< 'Lynn Hamilton' < Jim Heintz
<
Subject: Re: 150 C Ave Car Wash Special Use Permit violations See you this Thursday at 10.
Jim Heintz
Attachment 8 Attachment 8 Attachment 8
City of Coronado Page 448
From: Jesse Brown <[email protected]>
Sent: Tuesday, October 11, 2022, 4:41 PM
To: Heintz Family < CD Web Contact <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey >; < Richard
Grunow <[email protected]>; < Joseph Cosart
< < Jeri Hickman
< 'Lynn Hamilton' <
Subject: RE: 150 C Ave Car Wash Special Use Permit violations Jim,
I am just following up after our phone call. I will meet you at the fountain in front of your building this Thursday morning.
Regards,
Jesse Brown | Senior Planner
City of Coronado
Community Development Department
1825 Strand Way
Coronado, CA 92118
P: 619.522.2415
From: Heintz Family <
Sent: Tuesday, October 11, 2022 11:19 AM
To: Jesse Brown <[email protected]>; CD Web Contact <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey >; Richard Grunow
<[email protected]>; Joseph Cosart <
Jeri Hickman < 'Lynn Hamilton'
< Heintz Family <
Subject: RE: 150 C Ave Car Wash Special Use Permit violations CAUTION: This email is from an EXTERNAL source. Ensure you trust this sender before clicking on any links or attachments.
Jesse, I am surprised the peer review process was not started immediately after I submitted the noise study results a month ago. Mark Storm with Dudek (a company the city has used) can be schedule for questions or clarification.
I fully expect the car wash operator will be required to have the same in depth level of noise study performed to prove they meet ALL of the special use requirements after they make changes.
Attachment 8 Attachment 8 Attachment 8
City of Coronado Page 449
Send me a couple of times to view the overspray out to the street which is a danger to citizens using the public sidewalk from soap, recycled water and chemicals. Also, talk to Mayor Bailey who witnessed the overspray and said he would not use the sidewalk during the overspray. I have been caught in the overspray walking my daughter in a wheelchair, with no way to escape quickly.
Blocking of the sidewalk continues, picture attached from Sept 25, 2022 with employee toweling down a car. Have ANY violation notices been sent to the car wash operator (should be including increasing levels of financial fines) since I have sent you pictures now for over a year? Perhaps I should file an ADA violation, second picture attached from Sept 29, 2022.
The vacuums continue to be used after car wash business hours. It is a very simple thing for the operator to restrict access and turn off their lights when they close. In an earlier email chain, you said the vacuums are not in the special use permit so the city could not enforce a violation. A meth lab is not in their special use permit either, so that logic says it would also be OK. Since the vacuums are not listed in the special use permit (a City error to allow vacuums), standard city noise ordinances apply. Should I start calling the police about noise violations? Jim Heintz
From: Jesse Brown <[email protected]>
Sent: Thursday, October 6, 2022 8:28 AM
To: Heintz Family < CD Web Contact <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey ; Richard Grunow
<[email protected]>; Joseph Cosart <
Jeri Hickman < 'Lynn Hamilton'
<
Subject: RE: 150 C Ave Car Wash Special Use Permit violations Hi Jim,
Your frustration is certainly understandable, but as we’ve previously discussed, the City must do its due diligence before it can compel any action by the property owner. We are currently working on a contract with a third-party noise consultant to conduct a peer review of your noise study and to assist staff with determining what potential noise attenuation measures may be effective in reducing the impact on neighbors. This process will take several weeks.
The potential noise attenuation options we have discussed with the operator include quieter equipment, mufflers, exterior doors, modified hours of operation, a shorter blower cycle, gates/barriers to control entry to the site, etc. We expect the noise consultant may have additional ideas.
We will continue to periodically monitor the car wash regarding the alleged overspray and parking over the sidewalk and can meet with you on-site if you wish.
Attachment 8 Attachment 8 Attachment 8
City of Coronado Page 450
Regards,
Jesse Brown | Senior Planner
City of Coronado
Community Development Department
1825 Strand Way
Coronado, CA 92118
P: 619.522.2415
From: Heintz Family <
Sent: Wednesday, October 5, 2022 4:58 PM
To: Jesse Brown <[email protected]>; CD Web Contact <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey >; Richard Grunow
<[email protected]>; Joseph Cosart <
Heintz Family < Jeri Hickman
< 'Lynn Hamilton' <
Subject: Re: 150 C Ave Car Wash Special Use Permit violations CAUTION: This email is from an EXTERNAL source. Ensure you trust this sender before clicking on any links or attachments.
Jesse, I am waiting for a reply please. Thank you.
Jim Heintz
From: Heintz Family <
Sent: Monday, October 3, 2022, 6:18 PM
To: Jesse Brown <[email protected]>; CD Web Contact <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey ; < Richard
Grunow <[email protected]>; < Joseph Cosart
< < Heintz Family
<
Subject: Re: 150 C Ave Car Wash Special Use Permit violations Hi Jesse, what are the potential ways discussed to reduce the noise? The study shows that all aspects of the car wash, blowers, high pressure wash and vacuums exceed the 60 DB limit. The 24 hour study results show noise level never at or below 60 DB during hours of operation. So, what are the ideas being looked at?
Also, what timeline was agreed to? This has drug on for an extremely long time and I'm not sure what ASAP means.
Attachment 8 Attachment 8 Attachment 8
City of Coronado Page 451
Several other violations exist that I included in my investigation request. Sidewalks still blocked while towel drying (2 pics from the last week) for example. You said staff viewed the car wash operation and there was no overspray. I would be happy to meet with you and watch the mist go over the sidewalk and out to the street. Mayor Bailey witnessed the overspray to the street as well.
I look forward to seeing what ideas have been discussed. Thank you.
Jim Heintz
From: Jesse Brown <[email protected]>
Sent: Monday, October 3, 2022, 4:15 PM
To: Heintz Family < CD Web Contact <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey ; < Richard
Grunow <[email protected]>; < Joseph Cosart
< <
Subject: RE: 150 C Ave Car Wash Special Use Permit violations Hi Jim,
Currently the City is coordinating with our environmental consultant to conduct a peer review of the noise study so that we can verify the results. We were able to meet with Amity and Phil last week to discuss the car wash operations and the noise study. We discussed potential ways to reduce noise from operations and stressed to them that they need to find a solution ASAP. We plan to follow up with them while the noise study peer review is being conducted. I will reach out after that, but feel free to check in with me at any time.
Regards,
Jesse Brown | Senior Planner
City of Coronado
Community Development Department
1825 Strand Way
Coronado, CA 92118
P: 619.522.2415
From: Heintz Family <
Sent: Monday, October 3, 2022 10:45 AM
To: Jesse Brown <[email protected]>; CD Web Contact <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey Attachment 8 Attachment 8 Attachment 8
City of Coronado Page 452
>; Richard Grunow
<[email protected]>; Joseph Cosart <
Heintz Family <
Subject: Re: 150 C Ave Car Wash Special Use Permit violations CAUTION: This email is from an EXTERNAL source. Ensure you trust this sender before clicking on any links or attachments.
Jesse, what came out of the meeting last Tuesday with the car wash operator? I have not seen a reply with that information and it has been almost another week.
Jim Heintz
From: Heintz Family <
Sent: Monday, September 26, 2022 1:40:41 PM
To: Jesse Brown <[email protected]>; CD Web Contact <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey ; < Richard
Grunow <[email protected]>; < Joseph Cosart
< < Jim Heintz
<
Subject: Re: 150 C Ave Car Wash Special Use Permit violations Thank you for the reply Jesse. Please let me and other owners know the results and actions after the meeting tomorrow.
Jim Heintz
From: Jesse Brown <[email protected]>
Sent: Monday, September 26, 2022 1:38:22 PM
To: Heintz Family < CD Web Contact <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey >; < Richard
Grunow <[email protected]>; < Joseph Cosart
< <
Subject: RE: 150 C Ave Car Wash Special Use Permit violations Hi Jim,
We have a meeting scheduled with the operators tomorrow afternoon to discuss the noise study, the use permit, and potential next steps to get this resolved.
Regards,
Jesse Brown | Senior Planner
Attachment 8 Attachment 8 Attachment 8
City of Coronado Page 453
City of Coronado
Community Development Department
1825 Strand Way
Coronado, CA 92118
P: 619.522.2415
From: Heintz Family <
Sent: Sunday, September 25, 2022 1:55 PM
To: Jesse Brown <[email protected]>; CD Web Contact <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey >; Richard Grunow
<[email protected]>; Joseph Cosart <
Heintz Family <
Subject: Re: 150 C Ave Car Wash Special Use Permit violations CAUTION: This email is from an EXTERNAL source. Ensure you trust this sender before clicking on any links or attachments.
Hello Jesse, please let me know what has occurred over the last week. As always, also let me know if you have questions. Thank you.
Jim Heintz
From: Heintz Family <
Sent: Friday, September 16, 2022, 9:11 PM
To: Jesse Brown <[email protected]>; CD Web Contact <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey >; < Richard
Grunow <[email protected]>; < Joseph Cosart
< Heintz Family <
<
Subject: Re: 150 C Ave Car Wash Special Use Permit violations Hello Jesse, thank you for the update. I look forward to resolution of the noise violation by reducing the noise level so owners can use their properties again. I also believe you will be working with the car wash operators on the other permit violations. I think the car wash should not be accessible after 8pm (it appears open) since the vacuums continue to be used literally all hours of the night (past midnight).
I expect the city will require the car wash operator to prove, with their own high quality noise study that they comply, after any changes. In the future, any operator at this location should demonstrate compliance before being allowed to open. The residential owners have invested money and Attachment 8 Attachment 8 Attachment 8
City of Coronado Page 454
operator/owner should also.
I look forward to the plans for the car wash operator to comply with the permit and proof of that compliance. This has gone on way too long so I also expect these remedies to be done quickly.
Jim Heintz
From: Jesse Brown <[email protected]>
Sent: Friday, September 16, 2022 1:56:57 PM
To: Heintz Family < CD Web Contact <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey < Richard
Grunow <[email protected]>; <
< Joseph Cosart <
Subject: RE: 150 C Ave Car Wash Special Use Permit violations Hello Jim,
I just wanted to follow up and let you know we are completing our review of the noise study you had prepared. Our next steps will include meeting with the car wash operator, present them with the information, and seek cooperation on ways to reduce the noise. I will provide you with updates as we work to find a solution, but don’t hesitate to reach out to me at any time.
Regards,
Jesse Brown | Senior Planner
City of Coronado
Community Development Department
1825 Strand Way
Coronado, CA 92118
P: 619.522.2415
From: Heintz Family <
Sent: Monday, September 12, 2022 2:25 PM
To: Jesse Brown <[email protected]>; CD Web Contact <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey >; Richard Grunow
<[email protected]>; Joseph Cosart
< Heintz Family <
Subject: Re: 150 C Ave Car Wash Special Use Permit violations CAUTION: This email is from an EXTERNAL source. Ensure you trust this sender before clicking on any links or attachments.
Attachment 8 Attachment 8 Attachment 8
City of Coronado Page 455
Will there be follow up this week?
Jim Heintz
From: Jesse Brown <[email protected]>
Sent: Friday, September 2, 2022, 11:16 AM
To: Heintz Family < CD Web Contact <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey ; < Richard
Grunow <[email protected]>; <
< Joseph Cosart <
Subject: RE: 150 C Ave Car Wash Special Use Permit violations Thank you, Jim. We will review the noise study and follow up as necessary. We can have an update for you, most likely next week.
Regards,
Jesse Brown | Senior Planner
City of Coronado
Community Development Department
1825 Strand Way
Coronado, CA 92118
P: 619.522.2415
From: Heintz Family <
Sent: Thursday, September 1, 2022 4:28 PM
To: CD Web Contact <[email protected]>; Heintz Family < Richard Bailey <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey >; Jesse Brown
<[email protected]>; Richard Grunow <[email protected]>; Heintz Family < Joseph Cosart
<
Subject: 150 C Ave Car Wash Special Use Permit violations CAUTION: This email is from an EXTERNAL source. Ensure you trust this sender before clicking on any links or attachments.
I have completed the attached Request for Investigation form. I am also attaching a noise study report that was performed by Dudek August 19 and 20, 2022. Let me know next steps the City will take about these violations. Thank you.
Attachment 8 Attachment 8 Attachment 8
City of Coronado Page 456
Jim Heintz
Attachment 8 Attachment 8 Attachment 8
City of Coronado Page 457
Attachment 8 Attachment 8
City of Coronado Page 458
We have discussed the utilities/vacuums with them and were led to believe they put in a timer to prevent their use after hours.
Regards,
Jesse Brown | Senior Planner
City of Coronado
Community Development Department
1825 Strand Way
Coronado, CA 92118
P: 619.522.2415
From: Lynn Hamilton <
Sent: Monday, November 28, 2022 12:12 PM
To: Heintz Family <
Cc: Jesse Brown <[email protected]>; CD Web Contact <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey >; Richard Grunow
<[email protected]>; Joseph Cosart <
Jeri Hickman < Jennifer Ekblad
<[email protected]>
Subject: Re: 150 C Ave Car Wash Special Use Permit violations CAUTION: This email is from an EXTERNAL source. Ensure you trust this sender before clicking on any links or attachments.
Jesse,
Thank you so much for sending the Notice. Will you be updating us on the Owner and/or Operator’s response?
In the short term, are they also on notice to turn off the utilities at 10:00 pm? Best,
Lynn
Sent from my iPhone
Lynn Hamilton
On Nov 28, 2022, at 2:49 PM, Heintz Family < wrote:
Jesse, thank you for sending this over.
Attachment 8 Attachment 8 Attachment 8
City of Coronado Page 459
Jim Heintz
From: Jesse Brown <[email protected]>
Sent: Monday, November 28, 2022 11:21:58 AM
To: 'Heintz Family' < 'Lynn Hamilton'
< CD Web Contact <[email protected]>; 'Richard
Bailey' <[email protected]>; Richard Bailey <[email protected]>; 'Richard Bailey' >;
< Richard Grunow <[email protected]>;
< 'Joseph Cosart'
< < 'Jeri
Hickman' <
Cc: Jennifer Ekblad <[email protected]>
Subject: RE: 150 C Ave Car Wash Special Use Permit violations Good morning everyone,
Hope you all had a nice holiday. Attached you will find a copy of the Notice of Violation the City sent to the car wash operator and property owner last week.
Regards,
Jesse Brown | Senior Planner
City of Coronado
Community Development Department
1825 Strand Way
Coronado, CA 92118
P: 619.522.2415
From: Jesse Brown
Sent: Wednesday, November 23, 2022 11:14 AM
To: Heintz Family < Lynn Hamilton <
CD Web Contact <[email protected]>; Richard Bailey
<[email protected]>; Richard Bailey <[email protected]>; Richard Bailey >; Richard Grunow
<[email protected]>; Joseph Cosart
< Jeri Hickman
<
Subject: RE: 150 C Ave Car Wash Special Use Permit violations All,
I am checking to see if we can share it without a public records request and will notify Attachment 8 Attachment 8 Attachment 8
City of Coronado Page 460
this email group once it is determined.
Thanks, and hope everyone has a happy Thanksgiving.
Jesse Brown | Senior Planner
City of Coronado
Community Development Department
1825 Strand Way
Coronado, CA 92118
P: 619.522.2415
From: Heintz Family <
Sent: Wednesday, November 23, 2022 7:31 AM
To: Lynn Hamilton < Jesse Brown
<[email protected]>; CD Web Contact <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey >; Richard
Grunow <[email protected]>; Joseph Cosart
< Jeri Hickman
< Heintz Family <
Subject: Re: 150 C Ave Car Wash Special Use Permit violations CAUTION: This email is from an EXTERNAL source. Ensure you trust this sender before clicking on any links or attachments.
Thank you Jesse. I look forward to seeing the violation notice and the car wash operator and property owner requirements in the notice.
Jim Heintz
From: Lynn Hamilton <
Sent: Tuesday, November 22, 2022, 3:18 PM
To: Jesse Brown <[email protected]>; Heintz Family < CD Web Contact <[email protected]>; Richard Bailey
<[email protected]>; Richard Bailey <[email protected]>; Richard Bailey >;
< Richard Grunow <[email protected]>;
< Joseph Cosart <
< Jeri Hickman
<
Subject: Re: 150 C Ave Car Wash Special Use Permit violations Attachment 8 Attachment 8 Attachment 8
City of Coronado Page 461
That’s good news, Jesse. Can you send us a copy?
Thanks,
Lynn
Get Outlook for iOS
From: Jesse Brown <[email protected]>
Sent: Tuesday, November 22, 2022 3:13:41 PM
To: Heintz Family < Lynn Hamilton <
CD Web Contact <[email protected]>; Richard Bailey
<[email protected]>; Richard Bailey <[email protected]>; Richard Bailey >;
< Richard Grunow <[email protected]>;
< Joseph Cosart <
< Jeri Hickman
<
Subject: RE: 150 C Ave Car Wash Special Use Permit violations Hello everyone,
A Notice of Violation has been sent to the property owner and car wash operator today.
Regards,
Jesse Brown | Senior Planner
City of Coronado
Community Development Department
1825 Strand Way
Coronado, CA 92118
P: 619.522.2415
From: Heintz Family <
Sent: Friday, November 18, 2022 11:23 AM
To: Jesse Brown <[email protected]>; Lynn Hamilton
< CD Web Contact <[email protected]>; Richard
Bailey <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey >; Richard
Grunow <[email protected]>; Joseph Cosart
< Jeri Hickman
< Heintz Family <
Subject: Re: 150 C Ave Car Wash Special Use Permit violations Attachment 8 Attachment 8 Attachment 8
City of Coronado Page 462
CAUTION: This email is from an EXTERNAL source. Ensure you trust this sender before clicking on any links or attachments.
Jesse, it has been over another week. A week ago last Thursday you said Harris and Associates is reviewing the Dudek noise study. Have they completed their review? This continues to drag on even when the residential owners have gone above and beyond to help the city enforce city codes. You have asked for 2 weeks for over 10 weeks now.
It is shocking to me that 1 person complains about a band being too loud for a couple of hours, 1 day during the week at a Coronado restaurant and the band can no longer play there. What do the greatly, constantly and consistently impacted residential owners have to do to get resolution about the multiple and ongoing car wash violations?
Jim Heintz
From: Jesse Brown <[email protected]>
Sent: Thursday, November 10, 2022, 5:02 PM
To: Heintz Family < Lynn Hamilton <
CD Web Contact <[email protected]>; Richard Bailey
<[email protected]>; Richard Bailey <[email protected]>; Richard Bailey >;
< Richard Grunow <[email protected]>;
< Joseph Cosart <
< Jeri Hickman
<
Subject: RE: 150 C Ave Car Wash Special Use Permit violations Hi JIm,
We are still coordinating with the consultant on the peer review. We will definitely update you once that is final and what steps the City plans to take as a result.
Regards,
Jesse Brown | Senior Planner
City of Coronado
Community Development Department
1825 Strand Way
Coronado, CA 92118
P: 619.522.2415
Attachment 8 Attachment 8 Attachment 8
City of Coronado Page 463
From: Heintz Family <
Sent: Wednesday, November 9, 2022 9:11 AM
To: Jesse Brown <[email protected]>; Lynn Hamilton
< CD Web Contact <[email protected]>; Richard
Bailey <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey >; Richard
Grunow <[email protected]>; Joseph Cosart
< Jeri Hickman
< Heintz Family <
Subject: Re: 150 C Ave Car Wash Special Use Permit violations CAUTION: This email is from an EXTERNAL source. Ensure you trust this sender before clicking on any links or attachments.
Jesse, updates please?
Jim Heintz
From: Jesse Brown <[email protected]>
Sent: Friday, October 28, 2022 3:44:43 PM
To: Lynn Hamilton < Heintz Family <
CD Web Contact <[email protected]>; Richard Bailey
<[email protected]>; Richard Bailey <[email protected]>; Richard Bailey >;
< Richard Grunow <[email protected]>;
< Joseph Cosart <
< Jeri Hickman
<
Subject: RE: 150 C Ave Car Wash Special Use Permit violations Hi Jim and Lynn -
I want to assure you that City staff takes your complaints and concerns seriously. While we certainly understand your frustrations and desire for an expeditious resolution, the process of awarding a contract to a consultant and conducting the technical review takes considerable time.
We expect the third-party consultant review to be completed in the next two weeks.
Staff will then review their findings and determine if there is a violation, and if so, what enforcement actions may be appropriate.
If the City determines enforcement is appropriate, staff will abide by the code enforcement procedures and timelines stipulated in the Coronado Municipal Code.
Notably, parties accused of a code violation must be provided notice of the alleged violation(s) and an opportunity to cure the violation before the City can take any Attachment 8 Attachment 8 Attachment 8
City of Coronado Page 464
punitive measures.
We realize this timeline does not meet your expectations, but the City is obligated to conduct a fair and thorough investigation and to follow applicable legal standards.
Failing to do so would be a disservice to both residents and the car wash operator.
As for the complaints about the mist overspray, we have completed our investigation of that matter and have concluded that it does not represent a violation of the use permit, municipal code, or stormwater regulations. Although we recognize the concern and will attempt to persuade the operator to prevent/minimize overspray, this is not something that we can compel through a code enforcement action.
The concern about cars stopping over the sidewalk is a trickier issue. We have seen your pictures of cars stopped on the sidewalk and have notified the operator that this is not allowed, but staff has not directly observed the practice during numerous inspections and we cannot take enforcement actions without direct, verifiable evidence of a violation. We will continue to monitor the situation and will explore possible remedies to prevent this from occurring.
Finally, we do appreciate the patience you and your neighbors have demonstrated and ask that you recognize that a lack of immediate action does not mean staff doesn’t care or isn’t pursuing the matter. This is a priority, but it will take time and we cannot take shortcuts.
Thanks for your understanding,
Jesse Brown | Senior Planner
City of Coronado
Community Development Department
1825 Strand Way
Coronado, CA 92118
P: 619.522.2415
From: Lynn Hamilton <
Sent: Friday, October 28, 2022 12:55 PM
To: Heintz Family < Jesse Brown <[email protected]>; CD Web Contact <[email protected]>; Richard Bailey
<[email protected]>; Richard Bailey <[email protected]>; Richard Bailey >; Richard Grunow
<[email protected]>; Joseph Cosart
< Jeri Hickman
<
Subject: Re: 150 C Ave Car Wash Special Use Permit violations Attachment 8 Attachment 8 Attachment 8
City of Coronado Page 465
CAUTION: This email is from an EXTERNAL source. Ensure you trust this sender before clicking on any links or attachments.
Jesse,
I met you with Jim Heinz two weeks ago when you visited the carwash on C Avenue to get a first-hand look at the overspray and listen to the excessive noise of the blowers, vacuums and car wash mechanism. We appreciated your time that day.
Jim, as President of the Regatta Bay HOA, has taken the lead in communicating with the City about the carwash violations to the Special Use Permit and, frankly, has exhibited a level of patience that is beyond belief. Please know that his frustration is shared by many of us who live in the nearby homes.
We understand that the Dudek noise study, which is appropriately technical, should have a peer review. You told us when we met that the consultant the City was hiring to perform the peer review stated that it should be done quickly. It has been two months since that report was submitted to the City and that step, as far as we know, is still not complete.
In the meantime, why weren't the other violations Jim outlined and provided ample evidence of been addressed immediately by the City? The carwash has been in operation for a year and a half and the violations began day one. Based on our conversation the day we met and your follow up emails, it appears that the City is throwing soft balls at the Operator, "discussing" the violations but not taking any strong official action. Why?
We all want to preserve the quality of life we have in Coronado. We expect our City officials to do the right thing and enforce the laws, codes and permits which are designed to do just that. There has been no sense of urgency on the part of the City officials in addressing violations to the carwash Special Use Permit. On the contrary, when expressing his very legitimate grievances, Jim has been brushed off by some of them. This is totally unacceptable.
Jim and the Regatta Bay Homeowners have gone above and beyond to prove the violations. They secured and studied the SUP to clarify what the carwash Operator was required to do. They did the research to discover that the SUP has been violated in the past by previous Operators and the Property Owner. They paid for a $5000 noise study to prove that the carwash was far exceeding the allowed decibel range. They have been vigilant in documenting violation after violation.
It's time for someone at the City to take charge and begin an enforcement action for violations of the requirements of the Special Use Permit.
If we do not hear from you by Nov. 3 regarding specific planned enforcement steps, we Attachment 8 Attachment 8 Attachment 8
City of Coronado Page 466
will seek assistance from the City at a higher administrative level than your office.
Respectfully,
Lynn Hamilton
Coronado Resident
Coronado
From: Heintz Family <
Sent: Friday, October 28, 2022 8:40 AM
To: Jesse Brown <[email protected]>; CD Web Contact <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey ;
< Richard Grunow
<[email protected]>; < Joseph
Cosart < < Jeri
Hickman < 'Lynn Hamilton' <
Heintz Family <
Subject: RE: 150 C Ave Car Wash Special Use Permit violations The owners noise study was submitted to the city Sept 1. Almost 2 months and nothing has changed. Has any special use permit violation notice been sent to the operator for any of the numerous violations? Truly, this has become absurd! You say you have “talked” with the operators and no change! When will the city start sending the operator fines? My frustration level and my neighbors is beyond understanding.
Seriously, what specific actions will be accomplished on what timeline? Extreme ongoing noise violations next to sleeping quarters.
Continuous blocking of sidewalk
Operating after hours
Overspray which includes road grime, soap, wax and likely treatment chemicals.
Jim Heintz
Attachment 8 Attachment 8 Attachment 8
City of Coronado Page 467
(719)
From: Jesse Brown <[email protected]>
Sent: Tuesday, October 25, 2022 5:26 PM
To: Heintz Family < CD Web Contact
<[email protected]>; Richard Bailey <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey >;
Richard Grunow <[email protected]>;
Joseph Cosart <
Jeri Hickman < 'Lynn Hamilton'
<
Subject: RE: 150 C Ave Car Wash Special Use Permit violations Jim,
Thanks for sharing that video, that is definitely a new one with using the garden hose after hours. We will reach out to the operators again and will notify you once our noise study peer review has been completed.
Thanks,
Jesse Brown | Senior Planner
City of Coronado
Community Development Department
1825 Strand Way
Coronado, CA 92118
P: 619.522.2415
From: Heintz Family <
Sent: Sunday, October 23, 2022 9:16 PM
To: Jesse Brown <[email protected]>; CD Web Contact <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey
Richard Grunow <[email protected]>;
Joseph Cosart <
Jeri Hickman < 'Lynn Hamilton'
< Heintz Family <
Subject: Re: 150 C Ave Car Wash Special Use Permit violations CAUTION: This email is from an EXTERNAL source. Ensure you trust this sender before clicking on any links or attachments.
Jesse, thank you for meeting at the car wash and viewing the overspray, which is no longer alleged overspray. You have received more pictures of cars blocking the Attachment 8 Attachment 8 Attachment 8
City of Coronado Page 468
sidewalk in the last week, with employees toweling the cars. I am looking forward to hearing the results of the noise study peer review which should be final by now. Next steps need to move quickly because this has not been resolved for too long.
Attached is a pic and video of a 9pm car washing. The young man said he has a membership, washes his car like this after hours often and was told by the operator or employees he could do this - his words. The young man was respectful and I asked him to no longer wash his car after hours. The scenarios of after hours operation grow! Jim Heintz
From: Heintz Family <
Sent: Tuesday, October 11, 2022 4:59:29 PM
To: Jesse Brown <[email protected]>; CD Web Contact <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey >;
< Richard Grunow
<[email protected]>; < Joseph
Cosart < < Jeri
Hickman < 'Lynn Hamilton' <
Jim Heintz <
Subject: Re: 150 C Ave Car Wash Special Use Permit violations See you this Thursday at 10.
Jim Heintz
From: Jesse Brown <[email protected]>
Sent: Tuesday, October 11, 2022, 4:41 PM
To: Heintz Family < CD Web Contact
<[email protected]>; Richard Bailey <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey ;
< Richard Grunow
<[email protected]>; < Joseph
Cosart < < Jeri
Hickman < 'Lynn Hamilton' <
Subject: RE: 150 C Ave Car Wash Special Use Permit violations Jim,
I am just following up after our phone call. I will meet you at the fountain in front of your building this Thursday morning.
Attachment 8 Attachment 8 Attachment 8
City of Coronado Page 469
Regards,
Jesse Brown | Senior Planner
City of Coronado
Community Development Department
1825 Strand Way
Coronado, CA 92118
P: 619.522.2415
From: Heintz Family <
Sent: Tuesday, October 11, 2022 11:19 AM
To: Jesse Brown <[email protected]>; CD Web Contact <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey ;
Richard Grunow <[email protected]>;
Joseph Cosart <
Jeri Hickman < 'Lynn Hamilton'
< Heintz Family <
Subject: RE: 150 C Ave Car Wash Special Use Permit violations CAUTION: This email is from an EXTERNAL source. Ensure you trust this sender before clicking on any links or attachments.
Jesse, I am surprised the peer review process was not started immediately after I submitted the noise study results a month ago. Mark Storm with Dudek (a company the city has used) can be schedule for questions or clarification.
I fully expect the car wash operator will be required to have the same in depth level of noise study performed to prove they meet ALL of the special use requirements after they make changes.
Send me a couple of times to view the overspray out to the street which is a danger to citizens using the public sidewalk from soap, recycled water and chemicals. Also, talk to Mayor Bailey who witnessed the overspray and said he would not use the sidewalk during the overspray. I have been caught in the overspray walking my daughter in a wheelchair, with no way to escape quickly. Blocking of the sidewalk continues, picture attached from Sept 25, 2022 with employee toweling down a car. Have ANY violation notices been sent to the car wash operator (should be including increasing levels of financial fines) since I have sent you pictures now for over a year? Perhaps I should file an ADA violation, second picture attached from Sept 29, 2022.
The vacuums continue to be used after car wash business hours. It is a very simple thing for the operator to restrict access and turn off their lights when they close. In an earlier email chain, you said the vacuums are not in the special use permit so the city Attachment 8 Attachment 8 Attachment 8
City of Coronado Page 470
could not enforce a violation. A meth lab is not in their special use permit either, so that logic says it would also be OK. Since the vacuums are not listed in the special use permit (a City error to allow vacuums), standard city noise ordinances apply. Should I start calling the police about noise violations?
Jim Heintz
From: Jesse Brown <[email protected]>
Sent: Thursday, October 6, 2022 8:28 AM
To: Heintz Family < CD Web Contact
<[email protected]>; Richard Bailey <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey ;
Richard Grunow <[email protected]>;
Joseph Cosart <
Jeri Hickman < 'Lynn Hamilton'
<
Subject: RE: 150 C Ave Car Wash Special Use Permit violations Hi Jim,
Your frustration is certainly understandable, but as we’ve previously discussed, the City must do its due diligence before it can compel any action by the property owner. We are currently working on a contract with a third-party noise consultant to conduct a peer review of your noise study and to assist staff with determining what potential noise attenuation measures may be effective in reducing the impact on neighbors. This process will take several weeks.
The potential noise attenuation options we have discussed with the operator include quieter equipment, mufflers, exterior doors, modified hours of operation, a shorter blower cycle, gates/barriers to control entry to the site, etc. We expect the noise consultant may have additional ideas.
We will continue to periodically monitor the car wash regarding the alleged overspray and parking over the sidewalk and can meet with you on-site if you wish.
Regards,
Jesse Brown | Senior Planner
City of Coronado
Community Development Department
1825 Strand Way
Coronado, CA 92118
P: 619.522.2415
Attachment 8 Attachment 8 Attachment 8
City of Coronado Page 471
From: Heintz Family <
Sent: Wednesday, October 5, 2022 4:58 PM
To: Jesse Brown <[email protected]>; CD Web Contact <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey ;
Richard Grunow <[email protected]>;
Joseph Cosart <
Heintz Family < Jeri Hickman <
'Lynn Hamilton' <
Subject: Re: 150 C Ave Car Wash Special Use Permit violations CAUTION: This email is from an EXTERNAL source. Ensure you trust this sender before clicking on any links or attachments.
Jesse, I am waiting for a reply please. Thank you.
Jim Heintz
From: Heintz Family <
Sent: Monday, October 3, 2022, 6:18 PM
To: Jesse Brown <[email protected]>; CD Web Contact <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey ;
< Richard Grunow
<[email protected]>; < Joseph
Cosart < <
Heintz Family <
Subject: Re: 150 C Ave Car Wash Special Use Permit violations Hi Jesse, what are the potential ways discussed to reduce the noise? The study shows that all aspects of the car wash, blowers, high pressure wash and vacuums exceed the 60 DB limit. The 24 hour study results show noise level never at or below 60 DB during hours of operation. So, what are the ideas being looked at? Also, what timeline was agreed to? This has drug on for an extremely long time and I'm not sure what ASAP means.
Several other violations exist that I included in my investigation request. Sidewalks still blocked while towel drying (2 pics from the last week) for example. You said staff viewed the car wash operation and there was no overspray. I would be happy to meet with you and watch the mist go over the sidewalk and out to the street. Mayor Bailey witnessed the overspray to the street as well.
Attachment 8 Attachment 8 Attachment 8
City of Coronado Page 472
I look forward to seeing what ideas have been discussed. Thank you.
Jim Heintz
From: Jesse Brown <[email protected]>
Sent: Monday, October 3, 2022, 4:15 PM
To: Heintz Family < CD Web Contact
<[email protected]>; Richard Bailey <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey ;
< Richard Grunow
<[email protected]>; < Joseph
Cosart < <
Subject: RE: 150 C Ave Car Wash Special Use Permit violations Hi Jim,
Currently the City is coordinating with our environmental consultant to conduct a peer review of the noise study so that we can verify the results. We were able to meet with Amity and Phil last week to discuss the car wash operations and the noise study. We discussed potential ways to reduce noise from operations and stressed to them that they need to find a solution ASAP. We plan to follow up with them while the noise study peer review is being conducted. I will reach out after that, but feel free to check in with me at any time.
Regards,
Jesse Brown | Senior Planner
City of Coronado
Community Development Department
1825 Strand Way
Coronado, CA 92118
P: 619.522.2415
From: Heintz Family <
Sent: Monday, October 3, 2022 10:45 AM
To: Jesse Brown <[email protected]>; CD Web Contact <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey
Richard Grunow <[email protected]>;
Joseph Cosart <
Heintz Family <
Attachment 8 Attachment 8 Attachment 8
City of Coronado Page 473
Subject: Re: 150 C Ave Car Wash Special Use Permit violations CAUTION: This email is from an EXTERNAL source. Ensure you trust this sender before clicking on any links or attachments.
Jesse, what came out of the meeting last Tuesday with the car wash operator? I have not seen a reply with that information and it has been almost another week.
Jim Heintz
From: Heintz Family <
Sent: Monday, September 26, 2022 1:40:41 PM
To: Jesse Brown <[email protected]>; CD Web Contact <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey
< Richard Grunow
<[email protected]>; < Joseph
Cosart < < Jim
Heintz <
Subject: Re: 150 C Ave Car Wash Special Use Permit violations Thank you for the reply Jesse. Please let me and other owners know the results and actions after the meeting tomorrow.
Jim Heintz
From: Jesse Brown <[email protected]>
Sent: Monday, September 26, 2022 1:38:22 PM
To: Heintz Family < CD Web Contact
<[email protected]>; Richard Bailey <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey ;
< Richard Grunow
<[email protected]>; < Joseph
Cosart < <
Subject: RE: 150 C Ave Car Wash Special Use Permit violations Hi Jim,
We have a meeting scheduled with the operators tomorrow afternoon to discuss the noise study, the use permit, and potential next steps to get this resolved.
Regards,
Jesse Brown | Senior Planner
City of Coronado
Attachment 8 Attachment 8 Attachment 8
City of Coronado Page 474
Community Development Department
1825 Strand Way
Coronado, CA 92118
P: 619.522.2415
From: Heintz Family <
Sent: Sunday, September 25, 2022 1:55 PM
To: Jesse Brown <[email protected]>; CD Web Contact <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey ;
Richard Grunow <[email protected]>;
Joseph Cosart <
Heintz Family <
Subject: Re: 150 C Ave Car Wash Special Use Permit violations CAUTION: This email is from an EXTERNAL source. Ensure you trust this sender before clicking on any links or attachments.
Hello Jesse, please let me know what has occurred over the last week. As always, also let me know if you have questions. Thank you.
Jim Heintz
From: Heintz Family <
Sent: Friday, September 16, 2022, 9:11 PM
To: Jesse Brown <[email protected]>; CD Web Contact <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey >;
< Richard Grunow
<[email protected]>; < Joseph
Cosart < Heintz Family <
<
Subject: Re: 150 C Ave Car Wash Special Use Permit violations Hello Jesse, thank you for the update. I look forward to resolution of the noise violation by reducing the noise level so owners can use their properties again. I also believe you will be working with the car wash operators on the other permit violations. I think the car wash should not be accessible after 8pm (it appears open) since the vacuums continue to be used literally all hours of the night (past midnight).
I expect the city will require the car wash operator to prove, with their own high quality noise study that they comply, after any changes. In the future, any operator at this Attachment 8 Attachment 8 Attachment 8
City of Coronado Page 475
Attachment 8 Attachment 8
City of Coronado Page 476
Joseph Cosart <
Heintz Family <
Subject: Re: 150 C Ave Car Wash Special Use Permit violations CAUTION: This email is from an EXTERNAL source. Ensure you trust this sender before clicking on any links or attachments.
Will there be follow up this week?
Jim Heintz
From: Jesse Brown <[email protected]>
Sent: Friday, September 2, 2022, 11:16 AM
To: Heintz Family < CD Web Contact
<[email protected]>; Richard Bailey <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey
< Richard Grunow
<[email protected]>; <
< Joseph Cosart
<
Subject: RE: 150 C Ave Car Wash Special Use Permit violations Thank you, Jim. We will review the noise study and follow up as necessary. We can have an update for you, most likely next week.
Regards,
Jesse Brown | Senior Planner
City of Coronado
Community Development Department
1825 Strand Way
Coronado, CA 92118
P: 619.522.2415
From: Heintz Family <
Sent: Thursday, September 1, 2022 4:28 PM
To: CD Web Contact <[email protected]>; Heintz Family < Richard Bailey <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey
Jesse Brown <[email protected]>; Richard Grunow
<[email protected]>; Heintz Family <
Joseph Cosart <
Attachment 8 Attachment 8 Attachment 8
City of Coronado Page 477
Subject: 150 C Ave Car Wash Special Use Permit violations CAUTION: This email is from an EXTERNAL source. Ensure you trust this sender before clicking on any links or attachments.
I have completed the attached Request for Investigation form. I am also attaching a noise study report that was performed by Dudek August 19 and 20, 2022. Let me know next steps the City will take about these violations. Thank you.
Jim Heintz
Attachment 8 Attachment 8 Attachment 8
City of Coronado Page 478
Attachment 8 Attachment 8
City of Coronado Page 479
Coronado, CA 92118
P: 619.522.2415
From: Heintz Family <
Sent: Friday, December 30, 2022 8:12 AM
To: Lynn Hamilton < Jesse Brown <[email protected]>; CD Web Contact <[email protected]>; 'Richard Bailey' <[email protected]>; Richard Bailey <[email protected]>; 'Richard Bailey'
< Richard Grunow <[email protected]>;
< 'Joseph Cosart' <
< 'Jeri Hickman' <
Heintz Family <
Cc: Jennifer Ekblad <[email protected]>
Subject: Re: 150 C Ave Car Wash Special Use Permit violations CAUTION: This email is from an EXTERNAL source. Ensure you trust this sender before clicking on any links or attachments.
Good Morning Jesse. In addition to Lynn's comments, the car wash operation has been much slower over the last couple of weeks. 1 bay has been shut down for several consecutive days and the rain means less cars being washed. How will the City and peer review consider these issues on a noise study that asks for 1 hour of noise level? It is possible a noise study now could show 1 hour average results of zero car wash activity. Obviously, that level of noise is not representative of busier activity.
Jim Heintz
From: Lynn Hamilton <
Sent: Friday, December 30, 2022 5:40:37 AM
To: Jesse Brown <[email protected]>; 'Heintz Family' < CD Web Contact <[email protected]>; 'Richard Bailey' <[email protected]>; Richard Bailey <[email protected]>; 'Richard Bailey'
< Richard Grunow <[email protected]>;
< 'Joseph Cosart' <
< 'Jeri Hickman' <
Cc: Jennifer Ekblad <[email protected]>
Subject: Re: 150 C Ave Car Wash Special Use Permit violations Good morning, Jesse,
Since the NOV required an immediate reduction in noise generated by the car wash along with professional testing to verify such and from what we can verify on a daily basis, neither has been done, we are concerned that the Owner and Operator may be "kicking the Attachment 8 Attachment 8 Attachment 8
City of Coronado Page 480
can down the road" and delaying any correction. Could you do a drive by today to see (listen) for yourself that the operation is still as noisy as before? Just a reminder that the decibel study, which we assume must be of the caliber of the Dudek report, is due no later than January 6.
Thank you,
Lynn
Lynn LaBreche Hamilton
DRE License #01265662
www.lynnhamiltonrealtor.com
From: Jesse Brown <[email protected]>
Sent: Monday, November 28, 2022 11:21 AM
To: 'Heintz Family' < 'Lynn Hamilton' < CD Web
Contact <[email protected]>; 'Richard Bailey' <[email protected]>; Richard Bailey <[email protected]>; 'Richard Bailey' ;
< Richard Grunow <[email protected]>;
< 'Joseph Cosart' <
< 'Jeri Hickman' <
Cc: Jennifer Ekblad <[email protected]>
Subject: RE: 150 C Ave Car Wash Special Use Permit violations Good morning everyone,
Hope you all had a nice holiday. Attached you will find a copy of the Notice of Violation the City sent to the car wash operator and property owner last week.
Regards,
Jesse Brown | Senior Planner
City of Coronado
Community Development Department
1825 Strand Way
Coronado, CA 92118
P: 619.522.2415
Attachment 8 Attachment 8 Attachment 8
City of Coronado Page 481
From: Jesse Brown
Sent: Wednesday, November 23, 2022 11:14 AM
To: Heintz Family < Lynn Hamilton < CD Web
Contact <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey
Richard Grunow <[email protected]>;
Joseph Cosart < Jeri Hickman
<
Subject: RE: 150 C Ave Car Wash Special Use Permit violations All,
I am checking to see if we can share it without a public records request and will notify this email group once it is determined.
Thanks, and hope everyone has a happy Thanksgiving.
Jesse Brown | Senior Planner
City of Coronado
Community Development Department
1825 Strand Way
Coronado, CA 92118
P: 619.522.2415
From: Heintz Family <
Sent: Wednesday, November 23, 2022 7:31 AM
To: Lynn Hamilton < Jesse Brown <[email protected]>; CD Web Contact <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey
Richard Grunow <[email protected]>;
Joseph Cosart < Jeri Hickman
< Heintz Family <
Subject: Re: 150 C Ave Car Wash Special Use Permit violations CAUTION: This email is from an EXTERNAL source. Ensure you trust this sender before clicking on any links or attachments.
Thank you Jesse. I look forward to seeing the violation notice and the car wash operator and property owner requirements in the notice.
Jim Heintz
Attachment 8 Attachment 8 Attachment 8
City of Coronado Page 482
From: Lynn Hamilton <
Sent: Tuesday, November 22, 2022, 3:18 PM
To: Jesse Brown <[email protected]>; Heintz Family < CD Web Contact <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey
< Richard Grunow <[email protected]>;
< Joseph Cosart <
< Jeri Hickman <
Subject: Re: 150 C Ave Car Wash Special Use Permit violations That’s good news, Jesse. Can you send us a copy?
Thanks,
Lynn
Get Outlook for iOS
From: Jesse Brown <[email protected]>
Sent: Tuesday, November 22, 2022 3:13:41 PM
To: Heintz Family < Lynn Hamilton < CD Web
Contact <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey ;
< Richard Grunow <[email protected]>;
< Joseph Cosart <
< Jeri Hickman <
Subject: RE: 150 C Ave Car Wash Special Use Permit violations Hello everyone,
A Notice of Violation has been sent to the property owner and car wash operator today.
Regards,
Jesse Brown | Senior Planner
City of Coronado
Community Development Department
1825 Strand Way
Coronado, CA 92118
P: 619.522.2415
From: Heintz Family <
Sent: Friday, November 18, 2022 11:23 AM
To: Jesse Brown <[email protected]>; Lynn Hamilton < CD Web Contact <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey Attachment 8 Attachment 8 Attachment 8
City of Coronado Page 483
<[email protected]>; Richard Bailey >;
Richard Grunow <[email protected]>;
Joseph Cosart < Jeri Hickman
< Heintz Family <
Subject: Re: 150 C Ave Car Wash Special Use Permit violations CAUTION: This email is from an EXTERNAL source. Ensure you trust this sender before clicking on any links or attachments.
Jesse, it has been over another week. A week ago last Thursday you said Harris and Associates is reviewing the Dudek noise study. Have they completed their review? This continues to drag on even when the residential owners have gone above and beyond to help the city enforce city codes. You have asked for 2 weeks for over 10 weeks now.
It is shocking to me that 1 person complains about a band being too loud for a couple of hours, 1 day during the week at a Coronado restaurant and the band can no longer play there. What do the greatly, constantly and consistently impacted residential owners have to do to get resolution about the multiple and ongoing car wash violations?
Jim Heintz
From: Jesse Brown <[email protected]>
Sent: Thursday, November 10, 2022, 5:02 PM
To: Heintz Family < Lynn Hamilton < CD Web
Contact <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey ;
< Richard Grunow <[email protected]>;
< Joseph Cosart <
< Jeri Hickman <
Subject: RE: 150 C Ave Car Wash Special Use Permit violations Hi JIm,
We are still coordinating with the consultant on the peer review. We will definitely update you once that is final and what steps the City plans to take as a result.
Regards,
Jesse Brown | Senior Planner
City of Coronado
Community Development Department
1825 Strand Way
Coronado, CA 92118
P: 619.522.2415
Attachment 8 Attachment 8 Attachment 8
City of Coronado Page 484
From: Heintz Family <
Sent: Wednesday, November 9, 2022 9:11 AM
To: Jesse Brown <[email protected]>; Lynn Hamilton < CD Web Contact <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey < >;
Richard Grunow <[email protected]>;
Joseph Cosart < Jeri Hickman
< Heintz Family <
Subject: Re: 150 C Ave Car Wash Special Use Permit violations CAUTION: This email is from an EXTERNAL source. Ensure you trust this sender before clicking on any links or attachments.
Jesse, updates please?
Jim Heintz
From: Jesse Brown <[email protected]>
Sent: Friday, October 28, 2022 3:44:43 PM
To: Lynn Hamilton < Heintz Family < CD Web
Contact <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey
< Richard Grunow <[email protected]>;
< Joseph Cosart <
< Jeri Hickman <
Subject: RE: 150 C Ave Car Wash Special Use Permit violations Hi Jim and Lynn -
I want to assure you that City staff takes your complaints and concerns seriously. While we certainly understand your frustrations and desire for an expeditious resolution, the process of awarding a contract to a consultant and conducting the technical review takes considerable time.
We expect the third-party consultant review to be completed in the next two weeks. Staff will then review their findings and determine if there is a violation, and if so, what enforcement actions may be appropriate.
If the City determines enforcement is appropriate, staff will abide by the code enforcement procedures and timelines stipulated in the Coronado Municipal Code. Notably, parties accused of a code violation must be provided notice of the alleged violation(s) and an opportunity to cure the violation before the City can take any punitive measures.
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We realize this timeline does not meet your expectations, but the City is obligated to conduct a fair and thorough investigation and to follow applicable legal standards. Failing to do so would be a disservice to both residents and the car wash operator.
As for the complaints about the mist overspray, we have completed our investigation of that matter and have concluded that it does not represent a violation of the use permit, municipal code, or stormwater regulations. Although we recognize the concern and will attempt to persuade the operator to prevent/minimize overspray, this is not something that we can compel through a code enforcement action.
The concern about cars stopping over the sidewalk is a trickier issue. We have seen your pictures of cars stopped on the sidewalk and have notified the operator that this is not allowed, but staff has not directly observed the practice during numerous inspections and we cannot take enforcement actions without direct, verifiable evidence of a violation. We will continue to monitor the situation and will explore possible remedies to prevent this from occurring.
Finally, we do appreciate the patience you and your neighbors have demonstrated and ask that you recognize that a lack of immediate action does not mean staff doesn’t care or isn’t pursuing the matter. This is a priority, but it will take time and we cannot take shortcuts.
Thanks for your understanding,
Jesse Brown | Senior Planner
City of Coronado
Community Development Department
1825 Strand Way
Coronado, CA 92118
P: 619.522.2415
From: Lynn Hamilton <
Sent: Friday, October 28, 2022 12:55 PM
To: Heintz Family < Jesse Brown <[email protected]>; CD Web Contact <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey ;
Richard Grunow <[email protected]>;
Joseph Cosart < Jeri Hickman
<
Subject: Re: 150 C Ave Car Wash Special Use Permit violations CAUTION: This email is from an EXTERNAL source. Ensure you trust this sender before clicking on any links or attachments.
Jesse,
I met you with Jim Heinz two weeks ago when you visited the carwash on C Avenue to get a firstAttachment 8 Attachment 8 Attachment 8 City of Coronado Page 486
hand look at the overspray and listen to the excessive noise of the blowers, vacuums and car wash mechanism. We appreciated your time that day.
Jim, as President of the Regatta Bay HOA, has taken the lead in communicating with the City about the carwash violations to the Special Use Permit and, frankly, has exhibited a level of patience that is beyond belief. Please know that his frustration is shared by many of us who live in the nearby homes.
We understand that the Dudek noise study, which is appropriately technical, should have a peer review. You told us when we met that the consultant the City was hiring to perform the peer review stated that it should be done quickly. It has been two months since that report was submitted to the City and that step, as far as we know, is still not complete.
In the meantime, why weren't the other violations Jim outlined and provided ample evidence of been addressed immediately by the City? The carwash has been in operation for a year and a half and the violations began day one. Based on our conversation the day we met and your follow up emails, it appears that the City is throwing soft balls at the Operator, "discussing" the violations but not taking any strong official action. Why?
We all want to preserve the quality of life we have in Coronado. We expect our City officials to do the right thing and enforce the laws, codes and permits which are designed to do just that. There has been no sense of urgency on the part of the City officials in addressing violations to the carwash Special Use Permit. On the contrary, when expressing his very legitimate grievances, Jim has been brushed off by some of them. This is totally unacceptable.
Jim and the Regatta Bay Homeowners have gone above and beyond to prove the violations. They secured and studied the SUP to clarify what the carwash Operator was required to do. They did the research to discover that the SUP has been violated in the past by previous Operators and the Property Owner. They paid for a $5000 noise study to prove that the carwash was far exceeding the allowed decibel range. They have been vigilant in documenting violation after violation.
It's time for someone at the City to take charge and begin an enforcement action for violations of the requirements of the Special Use Permit.
If we do not hear from you by Nov. 3 regarding specific planned enforcement steps, we will seek assistance from the City at a higher administrative level than your office.
Respectfully,
Lynn Hamilton
Coronado Resident
Attachment 8 Attachment 8 Attachment 8
City of Coronado Page 487
Coronado
From: Heintz Family <
Sent: Friday, October 28, 2022 8:40 AM
To: Jesse Brown <[email protected]>; CD Web Contact <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey < Richard
Grunow <[email protected]>; < Joseph Cosart
< < Jeri Hickman
< 'Lynn Hamilton' < Heintz Family
<
Subject: RE: 150 C Ave Car Wash Special Use Permit violations The owners noise study was submitted to the city Sept 1. Almost 2 months and nothing has changed. Has any special use permit violation notice been sent to the operator for any of the numerous violations? Truly, this has become absurd! You say you have “talked” with the operators and no change! When will the city start sending the operator fines? My frustration level and my neighbors is beyond understanding.
Seriously, what specific actions will be accomplished on what timeline? Extreme ongoing noise violations next to sleeping quarters.
Continuous blocking of sidewalk
Operating after hours
Overspray which includes road grime, soap, wax and likely treatment chemicals.
Jim Heintz
From: Jesse Brown <[email protected]>
Sent: Tuesday, October 25, 2022 5:26 PM
To: Heintz Family < CD Web Contact <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey >; Richard Grunow
<[email protected]>; Joseph Cosart <
Attachment 8 Attachment 8 Attachment 8
City of Coronado Page 488
Jeri Hickman < 'Lynn Hamilton'
<
Subject: RE: 150 C Ave Car Wash Special Use Permit violations Jim,
Thanks for sharing that video, that is definitely a new one with using the garden hose after hours.
We will reach out to the operators again and will notify you once our noise study peer review has been completed.
Thanks,
Jesse Brown | Senior Planner
City of Coronado
Community Development Department
1825 Strand Way
Coronado, CA 92118
P: 619.522.2415
From: Heintz Family <
Sent: Sunday, October 23, 2022 9:16 PM
To: Jesse Brown <[email protected]>; CD Web Contact <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey Richard Grunow
<[email protected]>; Joseph Cosart <
Jeri Hickman < 'Lynn Hamilton'
< Heintz Family <
Subject: Re: 150 C Ave Car Wash Special Use Permit violations CAUTION: This email is from an EXTERNAL source. Ensure you trust this sender before clicking on any links or attachments.
Jesse, thank you for meeting at the car wash and viewing the overspray, which is no longer alleged overspray. You have received more pictures of cars blocking the sidewalk in the last week, with employees toweling the cars. I am looking forward to hearing the results of the noise study peer review which should be final by now. Next steps need to move quickly because this has not been resolved for too long.
Attached is a pic and video of a 9pm car washing. The young man said he has a membership, washes his car like this after hours often and was told by the operator or employees he could do this - his words. The young man was respectful and I asked him to no longer wash his car after hours. The scenarios of after hours operation grow!
Jim Heintz
Attachment 8 Attachment 8 Attachment 8
City of Coronado Page 489
(719)
From: Heintz Family <
Sent: Tuesday, October 11, 2022 4:59:29 PM
To: Jesse Brown <[email protected]>; CD Web Contact <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey ; < Richard
Grunow <[email protected]>; < Joseph Cosart
< < Jeri Hickman
< 'Lynn Hamilton' < Jim Heintz
<
Subject: Re: 150 C Ave Car Wash Special Use Permit violations See you this Thursday at 10.
Jim Heintz
From: Jesse Brown <[email protected]>
Sent: Tuesday, October 11, 2022, 4:41 PM
To: Heintz Family < CD Web Contact <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey < Richard
Grunow <[email protected]>; < Joseph Cosart
< < Jeri Hickman
< 'Lynn Hamilton' <
Subject: RE: 150 C Ave Car Wash Special Use Permit violations Jim,
I am just following up after our phone call. I will meet you at the fountain in front of your building this Thursday morning.
Regards,
Jesse Brown | Senior Planner
City of Coronado
Community Development Department
1825 Strand Way
Coronado, CA 92118
P: 619.522.2415
Attachment 8 Attachment 8 Attachment 8
City of Coronado Page 490
From: Heintz Family <
Sent: Tuesday, October 11, 2022 11:19 AM
To: Jesse Brown <[email protected]>; CD Web Contact <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey Richard Grunow
<[email protected]>; Joseph Cosart <
Jeri Hickman < 'Lynn Hamilton'
< Heintz Family <
Subject: RE: 150 C Ave Car Wash Special Use Permit violations CAUTION: This email is from an EXTERNAL source. Ensure you trust this sender before clicking on any links or attachments.
Jesse, I am surprised the peer review process was not started immediately after I submitted the noise study results a month ago. Mark Storm with Dudek (a company the city has used) can be schedule for questions or clarification.
I fully expect the car wash operator will be required to have the same in depth level of noise study performed to prove they meet ALL of the special use requirements after they make changes.
Send me a couple of times to view the overspray out to the street which is a danger to citizens using the public sidewalk from soap, recycled water and chemicals. Also, talk to Mayor Bailey who witnessed the overspray and said he would not use the sidewalk during the overspray. I have been caught in the overspray walking my daughter in a wheelchair, with no way to escape quickly.
Blocking of the sidewalk continues, picture attached from Sept 25, 2022 with employee toweling down a car. Have ANY violation notices been sent to the car wash operator (should be including increasing levels of financial fines) since I have sent you pictures now for over a year? Perhaps I should file an ADA violation, second picture attached from Sept 29, 2022.
The vacuums continue to be used after car wash business hours. It is a very simple thing for the operator to restrict access and turn off their lights when they close. In an earlier email chain, you said the vacuums are not in the special use permit so the city could not enforce a violation. A meth lab is not in their special use permit either, so that logic says it would also be OK. Since the vacuums are not listed in the special use permit (a City error to allow vacuums), standard city noise ordinances apply. Should I start calling the police about noise violations? Jim Heintz
From: Jesse Brown <[email protected]>
Sent: Thursday, October 6, 2022 8:28 AM
To: Heintz Family < CD Web Contact <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey Richard Grunow
<[email protected]>; Joseph Cosart <
Jeri Hickman < 'Lynn Hamilton'
Attachment 8 Attachment 8 Attachment 8
City of Coronado Page 491
<
Subject: RE: 150 C Ave Car Wash Special Use Permit violations Hi Jim,
Your frustration is certainly understandable, but as we’ve previously discussed, the City must do its due diligence before it can compel any action by the property owner. We are currently working on a contract with a third-party noise consultant to conduct a peer review of your noise study and to assist staff with determining what potential noise attenuation measures may be effective in reducing the impact on neighbors. This process will take several weeks.
The potential noise attenuation options we have discussed with the operator include quieter equipment, mufflers, exterior doors, modified hours of operation, a shorter blower cycle, gates/barriers to control entry to the site, etc. We expect the noise consultant may have additional ideas.
We will continue to periodically monitor the car wash regarding the alleged overspray and parking over the sidewalk and can meet with you on-site if you wish.
Regards,
Jesse Brown | Senior Planner
City of Coronado
Community Development Department
1825 Strand Way
Coronado, CA 92118
P: 619.522.2415
From: Heintz Family <
Sent: Wednesday, October 5, 2022 4:58 PM
To: Jesse Brown <[email protected]>; CD Web Contact <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey ; Richard Grunow
<[email protected]>; Joseph Cosart <
Heintz Family < Jeri Hickman
< 'Lynn Hamilton' <
Subject: Re: 150 C Ave Car Wash Special Use Permit violations CAUTION: This email is from an EXTERNAL source. Ensure you trust this sender before clicking on any links or attachments.
Jesse, I am waiting for a reply please. Thank you.
Jim Heintz
Attachment 8 Attachment 8 Attachment 8
City of Coronado Page 492
From: Heintz Family <
Sent: Monday, October 3, 2022, 6:18 PM
To: Jesse Brown <[email protected]>; CD Web Contact <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey <[email protected]>; Richard Bailey ; < Richard
Grunow <[email protected]>; < Joseph Cosart
< < Heintz Family
<
Subject: Re: 150 C Ave Car Wash Special Use Permit violations Hi Jesse, what are the potential ways discussed to reduce the noise? The study shows that all aspects of the car wash, blowers, high pressure wash and vacuums exceed the 60 DB limit. The 24 hour study results show noise level never at or below 60 DB during hours of operation. So, what are the ideas being looked at?
Also, what timeline was agreed to? This has drug on for an extremely long time and I'm not sure what ASAP means.