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HomeMy WebLinkAbout2019-099 - Denying Appeal Application No. 2019-03LS 10.15.19 RESOLUTION NO. 2019-099 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DENYING APPEAL APPLICATION NO. 2019- 03 AND UPHOLDING THE DETERMINATION OF THE PLANNING COMMISSION TO APPROVE CONDITIONAL USE PERMIT NO. 2019-30 TO ALLOW A CAR WASH AT 301 NORTH TUSTIN AVENUE, AMENDMENT TO VARIANCE NO. 2018-10 TO ALLOW A REDUCED FRONT YARD AT 301 NORTH TUSTIN AVENUE, CONDITIONAL USE PERMIT NO. 2019-31 TO ALLOW THE 24 HOUR OPERATION OF A CONVENIENCE STORE AT 325 NORTH TUSTIN AVENUE AND ENVIRONMENTAL REVIEW NO. 2019-69 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. On September 9, 2019, the Planning Commission held a public hearing as required by law on Conditional Use Permit (CUP) No. 2019-30 to allow a car wash at 301 North Tustin Avenue and amendment to Variance No. 2018-10 to a reduced front yard at 301 North Tustin Avenue and Conditional Use Permit No. 2019-31 to allow a convenience store to operate 24 hours a day at 325 North Tustin Avenue. After listening to public testimony and consideration of the facts, the Planning Commission approved CUP No. 2019-30, amendment to Variance No. 2018-10, CUP No. 2019-31 and Environmental Review No. 2019-69 by a vote of 4:0 with one absence. B. On September 19, 2019, Kara Grant on behalf of William and Karina Conklin ("the Conklins"), submitted an appeal to the City requesting that the City Council reconsider the Planning Commission's decision and deny CUP No. 2019-30, amendment to Variance No. 2018-10, CUP No. 2019-31, and Environmental Review No. 2019-69 based on four reasons: I. The Commission failed to satisfy the five required criteria for granting conditional use permits set forth in Santa Ana Municipal Code (SAMC) Section 41-638 and thus should not have granted Conditional Use Permit No. 2019-30. Il. The Commission failed to perform review of the Car Wash Project's environmental impacts under the California Environmental Quality Act (CEQA) because it erroneously determined that the Project Resolution No. 2019-099 Page 1 of 8 was categorically exempt from CEQA review as an infill development project. III. Amendment to Variance No. 2018-10 should have been denied because it does not address "special circumstances" that deprive the subject property of privileges enjoyed by similar properties, and instead constitutes an impermissible grant of special privileges. (See SAMC Section 41-638(a)(2); Gov't Code 65906) IV. The notice distributed for the September 9, 2019 Planning Commission public hearing, 10 days before the hearing and only to properties within 500 feet of the project was not reasonably calculated to afford affected persons, like the Conklins, the realistic opportunity to protect their interests. The Conklins were not included on the City's list of individuals/properties to review notice of the hearing. C. On October 15, 2019, the City Council conducted a duly noticed de novo public hearing on Appeal Application No. 2019-03 and found that: I. The required findings for Conditional Use Permit No. 2019-30 were made in accordance with Santa Ana Municipal Code Section 41-638 (Planning Commission Resolution No. 2019-35) and are as follows: 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 continue to 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 operations and 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. 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 Resolution No. 2019-099 Page 2 of 8 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 set back 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. 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 heights 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. Resolution No, 2019-099 Page 3 of 8 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 designed with contemporary architecture and water efficient landscaping. H. The Planning Commission determined that the project was categorically exempt in accordance with the California Environmental Quality Act (Environmental Review No. 2019-69). 1. The project is exempt pursuant to CEQA Guidelines Section 15332, Class 32 (In -fill Development Projects). This exemption is applicable to the project as the project is consistent with the General Plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations, the project is within city limits and is less than five acres (1.46 acres) and is surrounded by urban uses. The site was previously developed with commercial uses and has no habitat for endangered, rare or threatened species. The project would not result in any significant effects related to traffic, noise, air quality or water quality as indicated by the Traffic Study dated May 2019 prepared by Linscott, Law and Greenspan, the Noise Study dated July 2019 prepared by LSA, and the Conceptual Water Quality Management Plan prepared for the project. The project can be served by all required utilities and public services. III. The required findings for amendment to Variance No. 2018-10 were made in accordance with Santa Ana Municipal Code Section 41-638 (Planning Commission Resolution No. 2019-36) and are as follows: 1. That because of special circumstances applicable to the subject property, including size, shape, topography, location or Resolution No. 2019-099 Page 4 of 8 surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this Chapter. There are special circumstances related to the property as street dedications are required, site plan considerations for the proposed use and the irregular shape of the lot. A 2-foot dedication of the property is required along Tustin Avenue, thereby reducing the size of the property and reducing the landscaped setback to 10 feet for a portion of the street frontage. The lot is constricted by the Costa Mesa Freeway which binds the site to the east. Due to the freeway right-of- way the depth of the lot narrows from the north to the south as the freeway continues. In addition, complexities of car wash stacking and circulation patterns make it difficult to create a functional site plan that meets all the development standards and does not create stacking on the adjacent streets. 2. That the granting of a variance is necessary for the preservation and enjoyment of one (1) or more substantial property rights. Granting this variance is necessary for the preservation and enjoyment of substantial property rights. The interrelated property at 301 North Tustin Avenue is currently developed with a car wash, service station and convenience store with minimal landscaping. The proposed integrated development will have more landscaping than what is currently on site and will allow for continued operation of a car wash. Amending the variance to allow for a portion of the lot to have a reduced landscape setback would allow the property owner to redevelop with a car wash and provide for adequate stacking and vehicular turn movements. 3. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. Granting this variance will not be detrimental to the public or surrounding properties. The proposed project will reduce the number of driveways to the site. In addition, the building has been designed to incorporate high quality materials, enhanced landscaping and will continue to provide a service to the nearby community and public. The surrounding uses are commercial and professional uses and will not be detrimentally impacted by the reduced yards. 4. That the granting of a variance will not adversely affect the General Plan of the city. Resolution No. 2019-099 Page 5 of 8 The variance for reduced yards will not adversely affect the General Plan. The project is located in a General Commercial (GC) General Plan land use which allows for commercial uses such as car wash facilities and service stations. 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 promotes 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 aims to improve the physical appearance of the City through the development of districts that project a sense of place, positive community image and quality environmental. Policy 1.5 promotes projects that enhance architectural forms, textures, colors, and materials in the design of all projects. The vacant lot will be redeveloped with a new building with contemporary architecture and water efficient landscaping. IV. Notice of the September 9, 2019 Planning Commission public hearing was provided in accordance with the Government Code as well as Santa Ana Municipal Code Section 41-636 and Section 2-153(c) by advertising in the Orange County Reporter a newspaper of general circulation, by mailing to owners of property and residents within 500 feet of the project site and posting on the project site on August 30, 2019 10-days prior to the public hearing. Section 2. The City Council, after hearing, considering and weighing all evidence in the record presented on behalf of all parties and being fully informed of the application, the Planning Commission's decision, and the appeal, hereby finds and determines that the Planning Commission's decision was not made in error, that the Planning Commission's decision was not an abuse of discretion by the Planning Commission and that the Planning Commission's decision was supported by substantial evidence in the record. Section 3. In accordance with the California Environmental Quality Act Environmental Review No. 2019-69, the City Council does hereby find and determine that the project is exempt pursuant to CEQA Guidelines Section 15332, Class 32 (In -fill Development Projects). This exemption is applicable to the project as the project is consistent with the General Plan and zoning designation and all applicable general plan policies, the project is within city limits and is less than five acres (1.46 acres) and is surrounded by urban uses. The site was previously developed with commercial uses and has no habitat for endangered, rare or threatened species. The project would not result in any significant effects related to traffic, noise, air quality or water quality as indicated by the Traffic Study dated May 17, 2019 prepared by Linscott, Law and Greenspan, the Noise Resolution No. 2019-099 Page 6 of 8 Study dated July 2019 prepared by LSA, and the Conceptual Water Quality Management Plan prepared for the project. The project site lies within the jurisdiction of the South Coast Air Quality Management District (SCAQMD). As such construction of the project shall comply with SCAQMD Rule 403, which identified measures to reduce fugitive dust and is required to be implemented at all construction sites located within the South Coast Air Basin. The project will not exceed construction or operational emission thresholds established by the SCAQMD. The project can be served by all required utilities and public services. Pursuant to CEQA Guidelines Section 15303(c), the City Council determined that the Class 3 (New Construction or conversion of Small Structures) exemption is also applicable as the project consists of two commercial buildings less than 10,000 square feet (7,394 square feet) on a site zoned for such use (C2-General Commercial), not involving the use of significant amounts of hazardous substances and can be served by all required utilities and public services and the surrounding area is not environmentally sensitive. Section 4. 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 5. The City Council of the City of Santa Ana hereby denies Appeal Application No. 2019-03, thereby upholding the Planning Commission's approval of Conditional Use Permit No. 2019-30, amendment to Variance No. 2018-10, Conditional Use Permit No. 2019-31 and Environmental Review No. 2019-69. This decision is based upon the evidence submitted at the abovesaid hearing, which includes, but is not limited to: the Request for City Council Action dated October 15, 2019, and exhibits attached thereto; 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. 2019-099 Page 7 of 8 ADOPTED THIS 1511 day of October, 2019. APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: — Lisa Storck Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers 'Ward 4 Representative Vacant Di Penaloza Pulido Sarmiento, Solorio, Villegas (5) Iglesias (1) None (0) None (0) CERTIFICATE OF ATTESTATION AND ORIGINALITY I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2019-099 to be the original resolution adopted by the City Council of the City of Santa Ana on October 15, 2019 n� t Date: Daisy Gomez/ Clerk of the Council City of Santa Ana Resolution No. 2019-099 Page 8 of 8