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HomeMy WebLinkAboutRESO 2019-09_1703 E 17TH STREET (CUP NO. 18-27)LS 2.25.19 RESOLUTION NO. 2019-09 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO, 2018-27 AS CONDITIONED TO ALLOW AN AUTOMATED CAR WASH FOR THE PROPERTY LOCATED AT 1703 EAST SEVENTEENTH STREET BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Leon Felus, representing Redondo Auto Spa ("Applicant'), is requesting approval of Conditional Use Permit No. 2018-27 to allow an automated car wash in the Arterial Commercial (C-5) zoning district at 1703 East Seventeenth Street. B. Santa Ana Municipal Code ("SAMC") Section 41-424.5(g) requires approval of a conditional use permit for automated car wash facilities in the C-5 zoning district. C. Pursuant to SAMC Section 41-638, the Planning Commission is authorized to review and approve the conditional use permit for this project as set forth by the Santa Ana Municipal Code. D. On February 25, 2019, the Planning Commission held a duly noticed public hearing for Conditional Use Permit No, 2018-27. E. The Planning Commission of the City of Santa Ana has considered the information and determines that the following findings, which must be established in order to grant Conditional Use Permit No. 2018-27, for an automated car wash, have been established as required by SAMC Section 41-638: That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or community. The proposed automatic car wash facility will provide a service to the community. The proposed automatic car wash facility is a use that will support the adjacent commercial and residential uses in the area. This will thereby benefit the community by providing affordable and convenient carwash service with easy Resolution No, 2019-09 Page 1 of 9 access from a major arterial street. The automatic car wash service will provide a convenient option for car wash patrons. 2. That the proposed use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. The proposed automatic car wash facility will not be detrimental to persons residing or working in the vicinity because the carwash has been designed to minimize potential impacts to vehicles travelling on both Seventeenth and Mabury Streets. The internal stacking area adjacent to the streets contains 120 feet of stacking prior to entering the pay point. A minimum eight -foot high solid block wall along the north and east property lines will be constructed and the car wash tunnel will be lined with Pyrock sound absorbing, mold and mildew resistant material in the blower area to minimize any potential noise impacts created by the drying machine. Additionally, conditions of approval to restrict the hours of operation and outdoor speakers have been incorporated to mitigate potential adverse impacts from occurring on the premises. 3. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The proposed use will not adversely affect the economic stability of the area, but will identify the site as viable location to operate a business. The lot size constrains its development opportunities and the relatively deteriorated nature of the property also constrains the marketability of the property. The construction of a high quality building in conjunction with the on and off-site improvements will enhance the economic viability of the area. Rocket Express Car Wash was originally established in the City of Redondo Beach in 2017 and was proven to be a viable and successful business. The proposed project will be its second location in the Southern California Region. The proposed car wash facility will provide an affordable and convenient car wash service to attract patrons to benefit the economic stability of the area. 4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. Resolution No. 2019-09 Page 2 of 9 The proposed project will be in compliance with all applicable regulations and provisions of Chapter 41 of the Santa Ana Municipal Code. Site improvements are proposed to bring the site into compliance with the zoning code. Landscaped setbacks and on-site landscaping will be provided according to the current standards. In addition, a new trash enclosure, accessible path of travel, and lighting will be provided to bring the site into compliance with code. Finally, new on-site improvements will be made to ensure the facility complies with local, regional and federal water quality standards. 5. That the proposed use will not adversely affect the General Plan of the city or any specific plan applicable to the area of the proposed use. The proposed Rocket Express car wash will support several goals and policies of the General Plan, including Land Use Element Goal 1, which promotes the balance of land uses to address basic community needs; Goal 2, which promotes land uses that enhance the economic viability of the City; and Goal 3, which supports uses that preserve and improve the character and integrity of neighborhoods. The project will promote a balance of land uses to address basic community needs and that enhance the economic viability of the City and will provide a use that will assist in diversifying the range of services available in the City. Land Use Element Policy 2.8 promotes the rehabilitation of commercial properties and encourages increased levels of capital investment. This project will promote the investment of a new commercial development and encourage increased levels of capital investment through the construction of a new car wash on this site. Further, Land Use Element Policy 5.5 encourages development which is compatible with and supportive of surrounding land uses. The proposed project will assist in providing a variety of car wash services to those working and visiting in the immediate area and will provide employment opportunities to residents that live in the surrounding community. Section 2. In accordance with the California Environmental Quality Act, the project is exempt from further review per Section 15303 of the Guidelines for the California Environmental Quality Act. The Class 3 exemption applies to the construction of new small facilities or structures, which in an urbanized area is defined as up to four buildings not exceeding 10,000 square feet in floor area, on sites zoned for such use, not involving the use of significant amounts of hazardous substances, where all Resolution No. 2019-09 Page 3 of 9 necessary public services and facilities are available and the surrounding area is not environmentally sensitive. The proposed building contains 4,292 square feet within the Arterial Commercial (C-5) zoning district, which allows for service, retail and commercial uses. The proposed development is not anticipated to use significant amounts of hazardous substances. There are public services available through the City of Santa Ana and the Orange County Fire Authority and the surrounding area is not environmentally sensitive. As a result, Categorical Exemption, Environmental Review No. 2018-116 will be filed for this project. Section 3. The Applicant agrees to indemnify, hold harmless, and defend the City of Santa Ana, its officials, officers, agents, and employees, from any and all liability, claims, actions or proceedings that may be brought arising out of its approval of this project, and any approvals associated with the project, including, without limitation, any environmental review or approval, except to the extent caused by the sole negligence of the City of Santa Ana. Section 4. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2018-27, as conditioned in Exhibit A, attached hereto and incorporated herein for the project located at 1703 East Seventeenth Street. This decision is based upon the evidence submitted at the abovesaid hearing, which includes, but is not limited to: the Request for Planning Commission Action dated February 25, 2019, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. *Signature page follows* Resolution No. 2019-09 Page 4 of 9 ADOPTED this 25th day of February, 2019. AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: 7— Mark McLoughlin Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: � Lisa Storck Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Recording Secretary, do hereby attest to and certify the attached Resolution No. 2019-09 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on February 25, 2019. Date: Z ILS' f `i Recording Secretary City of Santa Ana Resolution No. 2019-09 Page 5 of 9 EXHIBIT A Conditions of Approval for Conditional Use Permit No. 2018-27 and Variance No. 2018-13 Conditional Use Permit No. 2018-27 for an automated car wash facility is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code, and all other applicable regulations. In addition, they shall meet the following conditions of approval: The Applicant must comply with each and every condition listed belowrip or to exercising the rights conferred by this conditional use permit. 1. All proposed site improvements must conform to the Site Plan Review (DP No. 2018- 33) and the staff report exhibits. 2. Any amendment to this conditional use permit must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the conditional use permit must be amended. 3. The installation and/or use of air/blower guns at the site is prohibited. 4. Hours of operation shall be from 8:00 a.m. to 9:00 p.m. 5. Roll -up doors shall be provided on both ends of the car wash tunnel and shall be lowered when the car wash is in operation to restrict noise and shall restrict access to the car wash tunnel during non-operating hours. 6. Vacuuming equipment shall not be available or functional during non-operating hours. 7. Onsite employees shall be responsible for the removal of all litter and trash from the site each day. 8. Inoperable or malfunctioning equipment shall be repaired or replaced in a timely manner. 9. There shall be no overnight parking of vehicles on site. 10. Customer restrooms shall be locked during all non-operating hours. 11. There shall be no outdoor speakers or any other sound amplifying devices installed on the site. Resolution No. 2019-09 Page 6 of 9 1. Prior to Building Division plan check submittal, the Applicant shall submit a technical noise study prepared by a professional firm specializing in preparation of noise studies to the City for review by the Planning Division, Police Department, and Code Enforcement Division that demonstrates that the proposed design and equipment of the car wash will conform to City noise ordinances and will minimize noise impacts on adjacent properties. The Applicant shall, to the best of his or her abilities and at his or an updated and revised noise study based on updated field measurements within one (1) month of commencement of operations, and again on the one-year anniversary of the commencement of operations, to ensure compliance with the City's noise ordinances. 2. Prior to the issuance of a building permit, a full landscape and irrigation plan is to be submitted for review and approval. The landscape plan shall conform to the commercial landscape standards, Citywide Design Guidelines, and the City's Water Efficient Landscape Ordinance, and shall feature a berm to assist with screening the vacuum areas from view. The plan shall be designed to preserve the existing mature trees on the property edges where possible. The landscape plan shall also include a solid, minimum eight -foot block wall on the north and east sides of the property, except where openings are required for egress purposes. Lights facing the alley shall be installed at regular intervals along the portion of the block wall across the northern property line to illuminate the alley. The lights shall be designed to illuminate the alley up to an eight -foot level and shall be designed to eliminate light intrusion into the neighboring residential land uses. 3. Prior to release of Certificate of Occupancy, a traffic signal shall be constructed in full accordance with City of Santa Ana standards and the letter dated February 21, 2019 attached as Exhibit B to this Resolution at the intersection of Mabury and Seventeenth streets. The traffic signal shall be installed without any cost to the City or reimbursement to the Applicant and is to be fully funded, including any and all required and related improvements, by the developer. 4. Prior to the issuance of a building permit, a Property Maintenance Agreement must be recorded against the property. The agreement will be subject to review and applicability by the Planning and Building Agency, the Community Development Agency, the Public Works Agency, and the City Attorney to ensure that the property and all improvements located thereupon are properly maintained, Developer (and the owner of the property upon which the authorized use and/or authorized improvements are located if different from the Applicant) shall execute a maintenance agreement with the City of Santa Ana which shall be recorded against the property and which shall be in a form reasonably satisfactory to the City Resolution No. 2019-09 Page 7 of 9 Attorney. The maintenance agreement shall contain covenants, conditions and restrictions relating to the following: (a) Compliance with operational conditions applicable during any period(s) of construction or major repair (e.g., proper screening and securing of the construction site; implementation of proper erosion control, dust control and noise mitigation measure; adherence to approved project phasing etc.); (b) Compliance with ongoing operational conditions, requirements and restrictions, as applicable (including but not limited to hours of operation, security requirements, the proper storage and disposal of trash and debris, enforcement of the parking management plan, and/or restrictions on certain uses, (c) Ongoing compliance with approved design and construction parameters, signage parameters and restrictions as well as landscape designs, as applicable; (d) Ongoing maintenance, repair and upkeep of the property and all improvements located thereupon (including but not limited to controls on the proliferation of trash and debris about the property; the proper and timely removal of graffiti; the timely maintenance, repair and upkeep of damaged, vandalized and/or weathered buildings, structures and/or improvements; the timely maintenance, repair and upkeep of exterior paint, parking striping, lighting and irrigation fixtures, walls and fencing, publicly accessible bathrooms and bathroom fixtures, landscaping and related landscape improvements and the like, as applicable); (e) If Applicant and the owner of the property are different (e.g., if the Applicant is a tenant or licensee of the property or any portion thereof), both the Applicant and the owner of the property shall be signatories to the maintenance agreement and both shall be jointly and severally liable for compliance with its terms. (f) The maintenance agreement shall further provide that any party responsible for complying with its terms shall not assign its ownership interest in the property or any interest in any lease, sublease, license or sublicense, unless the prospective assignee agrees in writing to assume all of the duties, obligations and responsibilities set forth under the maintenance agreement. (g) The maintenance agreement shall contain provisions relating to the enforcement of its conditions by the City and shall also contain provisions authorizing the City to recover costs and expenses which the City may incur arising out of any enforcement and/or remediation efforts which the City may undertake in order to cure any deficiency in maintenance, repair or upkeep or to enforce any restrictions or conditions upon the use of the property. The maintenance agreement shall further provide that any unreimbursed costs and/or expenses incurred by the City to cure a deficiency in maintenance or to enforce Resolution No. 2019-09 Page 8 of 9 use restrictions shall become a lien upon the property in an amount equivalent to the actual costs and/or expense incurred by the City. (h) The execution and recordation of the maintenance agreement shall be a condition precedent to the issuance of final approval for any construction permit related to this entitlement. Resolution No. 2019-09 Page 9 of 9 A