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HomeMy WebLinkAboutRESO 2019-35_325 N TUSTIN AVENUE (CARWASH)LS 9.9.19 RESOLUTION NO. 2019-35 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2019-30 AS CONDITIONED TO ALLOW A CAR WASH AT THE PROPERTY LOCATED AT 301 NORTH TUSTIN AVENUE 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. Richard Finkel, representing Russell Fischer LP ("Applicant"), is requesting approval of Conditional Use Permit No. 2019-30 to allow a car wash in the General Commercial (C2) zoning district at 301 North Tustin Avenue. B. Santa Ana Municipal Code (SAMC) Section 41-377.5(b) requires approval of a conditional use permit for car wash facilities. C. Pursuant to SAMC Section 41-638, the Planning Commission is authorized to review and approve the conditional use permit for this project. D. On September 9, 2019, the Planning Commission held a duly noticed public hearing for Conditional Use Permit No. 2019-30. E. The Planning Commission of the City of Santa Ana has considered the information and determines that following findings, which must be established in order to grant Conditional Use Permit No. 2019-30 for a car wash have been established as required by SAMC Section 41-638: 1. That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or community. The car wash will provide a service to persons that are working or residing in the area. The car wash will replace the existing automated car wash at 325 North Tustin Avenue. The new facility will be bigger than the existing operation and will provide vacuum stations for the customers' use. The site will be redeveloped with a new building with a contemporary design with smooth plaster finishes, metal canopies, ceramic tile, and landscaping contributing to the aesthetics of the area. Resolution No. 2019-35 Page 1 of 9 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 car wash will not be detrimental to the health, safety or welfare of those residing or working in the vicinity. The site plan was designed to meet the City's stacking requirements and provides for queuing of approximately 15 vehicles. In addition, the stacking lane was placed at the rear of the site to reduce the chance for overflow vehicular queuing onto any public streets. There are no immediately adjacent nearby residential land uses. The uses immediately adjacent to the site include a service station to the north, a medical office building to the south (within the City of Tustin) and the Costa Mesa Freeway to the east. The closest nearby residential uses are over 500 feet from the project site - including the Village Apartments (to the north and across Fourth Street) at 521 North Tustin Avenue, and The Orchard (to the southwest and across Tustin Avenue) at 2151 East First Street. The blowers/dryers will be setback 15 feet within the car wash tunnel and the vacuums have been placed north of the car wash tunnel to buffer noise from the office building to the south. A traffic impact analysis was completed by Linscott Law & Greenspan and reviewed by the Public Works Agency and found that the project or cumulative project conditions will not significantly impact any of the nearby street intersections. 3. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The car wash will not adversely affect the economic stability or future economic development of properties in the surrounding area. The property is within the General Commercial (C2) zoning district. Additionally, since 1973, a car wash has been in operation at 325 North Tustin Avenue which is immediately adjacent to the car wash site and interrelated to the subject site as the sites would be redeveloped concurrently. The automated car wash will replace the existing car wash and the site will be redeveloped with a new building with a contemporary design and water efficient landscaping. The car wash will provide an additional service to the community and will provide a commercial business that will generate sales tax revenue for the City. Resolution No. 2019-35 Page 2 of 9 4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. The proposed use complies with the regulations and conditions in Chapter 41 including building height and parking. A condition of approval has been added to the conditional use permit for a property maintenance agreement to be recorded against the property which will ensure that the property and all improvements are properly maintained. 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 car wash will not adversely affect the General Plan. The project is located in a General Commercial (GC) General Plan land use area which allows for commercial uses such as car wash facilities. The project is consistent with several goals and policies of the General Plan, including the Land Use Element and Urban Design Element. Land Use Element Goal 1 to promote a balance of land uses to address basic community needs, specifically. Land Use Element Goal 2 to promote land uses that enhance the City's economic and fiscal viability. Furthermore, the project is consistent with Policy 2.8, to promote rehabilitation of commercial properties, and encourage increased levels of capital investment. The car wash will redevelop the site with a new commercial business that will provide a service to those working and living in the City. Urban Design Goal 1 to improve the physical appearance of the City through development of districts that project a sense of place, positive community image and quality environmental. Specifically, Policy 1.5 to enhance architectural forms, textures, colors, and materials are expected in the design of all projects. The vacant lot will be redeveloped with a new building with contemporary architecture and water efficient landscaping. Section 2. In accordance with the California Environmental Quality Act, the project is exempt from further review per Section 15332 of the Guidelines for the California Environmental Quality Act. The Class 32 exemption applies to in -fill development. The project is consistent with the General Plan and zoning designation. The combined development site is 1.46 acres and surrounded by urban uses. The site was previously developed with commercial uses and has no habitat for endangered, rare or threatened species. The project will not result in any significant impacts related to traffic, noise, air quality or water quality according to the traffic impact analysis and with implementation of water quality requirements. The project can be served by all Resolution No. 2019-35 Page 3 of 9 required utilities and public services. As a result, Categorical Exemption, Environmental F Review No. 2019-69 will be filed for this project. t Section 3. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, and other and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively "Actions"), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the Project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City's defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action. Section 4. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2019-30, as conditioned in Exhibit A, attached hereto and incorporated herein for the project located at 301 North Tustin Avenue. 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 September 9, 2019, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. Resolution No. 2019-35 Page 4 of 9 ADOPTED this! day of �W I< k-LTy , 2019. AYES: Commissioners: Cano, Contreras -Leo, McLoughlin, Rivera (4) NOES: Commissioners: None (0) ABSENT: Commissioners: Nguyen (1) ABSTENTIONS: Commissioners: None (0) ,--41 Mar cLoughlin 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. 2019-35 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on �j 11 !111 1!� 12019. Date: q O� cojk-' .Zf Recording Secretary City of Santa Ana Resolution No. 2019-35 Page 5 of 9 EXHIBIT A Conditions of Approval for Conditional Use Permit No. 2019-30 Conditional Use Permit No. 2019-30 to allow a car wash 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: IThe Applicant must comply with each and every condition listed below Prior to exercising The Applicant must comply with each and every condition listed below prior to exercising the rights conferred by this conditional use permit. I. The Applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. 1. All proposed site improvements must conform to the Site Plan Review (DP No. 2019- 14) 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 7:00 a.m. to 8:00 p.m. 5. Vacuuming equipment shall not be available or functional during non -operating hours. 6. Onsite employees shall be responsible for the removal of all litter and trash from the site each day. 7. Inoperable or malfunctioning equipment shall be repaired or replaced in a timely manner. 8. There shall be no overnight parking of vehicles on site. 9. Customer restrooms shall be locked during all non -operating hours. 10. There shall be no outdoor speakers or any other sound amplifying devices installed on the site. 11. Prior to Building & Safety 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 Resolution No. 2019-35 Page 6 of 9 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 her sole cost, utilize the same noise specialists employed at the Applicant's other location(s) to prepare the noise readings and studies. Prior to issuance of a permanent certificate of occupancy, the Applicant shall hold a "soft opening" to test all noise -generating equipment onsite and make adjustments as necessary to bring the equipment into compliance with City noise ordinance standards, to the satisfaction of the Planning and Building Agency and Police Department. The Applicant shall submit 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. 12. Prior to the issuance of a building permit, a 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. 13. Prior to the issuance of a building permit, a reciprocal access and parking agreement shall be approved as to form by the City Attorney & Planning Manager and recorded against the property. 14.Prior to the issuance of a certificate of occupancy, 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 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; Resolution No. 2019-35 Page 7 of 9 (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 Developer 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 and 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 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. II. The following are requirements that will need to be addressed and/or approved by the Police Department prior to issuance of a building permit: 1. Submitted plans must indicate that all structures and parking lots comply with the provisions of Chapter 8, Article II, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). All applicable sections must be printed verbatim on the submitted set of plans. Resolution No. 2019-35 Page 8 of 9 III. The following are requirements that will need to be addressed and/or approved by the Public Works Agency prior to issuance of a building permit: Prior to issuance of a building permit, submit a site plan that shows compliance with trash services including: a. Depict trash trucks turning radius on the all proposed internal corners b. 42 feet on a 90-degree turn radius c. Minimum 11 feet, 6 inches lane width for turn radius d. For roll out service the desired path of travel for the bin must be level with no "lips" or major elevation changes e. Minimum one time a week service adequate for all waste to be contained within the bins, adjustments to the number of yards required for service are at the discretion of the City and Waste Management f. The maximum number of pick-ups is 2 times per week. Resolution No. 2019-35 Page 9 of 9 C