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HomeMy WebLinkAbout31A - CUP 2009-19 - 202 EAST FIRST STREET REQUEST FOR COUNCIL ACTION ,~~.'`T~' CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: DECEMBER 7, 2009 TITLE: APPROVED ? As Recommended CONDITIONAL USE PERMIT NO . 2 0 0 9 -19 ? As Amended TO ALLOW A CARWASH AT 202 EAST ? Ordinance on 15f Reading ? Ordinance on 2"d Reading FIRST STREET - JAMES GARTNER AND ? Implementing Resolution ASSOCIATES, APPLICANT ? Set Public Hearing For CONTINUED TO / ~C~c FILE NUMBER CITY MANAGER RECOMMENDED ACTION Receive and file the staff report approving Conditional Use Permit No. 2009-19 as conditioned. PLANNING COMMISSION ACTION On October 26, 2009, the Planning Commission adopted a resolution approving Conditional Use Permit No. 2009-19 as conditioned by a vote of 5:0 (Gartner abstained) in order to construct an automatic carwash facility at 202 East First Street in the General Commercial (C-2) zoning district. The Planning Commission added a condition to require the applicant to complete a voluntary lot merger prior to building permits being issued. Additionally, at the request of the applicant, the Planning Commission modified the hours of operation to 7:00 a.m. to 9:00 p.m. (Exhibit A) . FISCAL IMPACT There is no fiscal impact associated with this action. ~ J M. Trevino Executive Director Planning & Building Agency MF:rb mf\reports\cup09-19 Santa Ana Express Car Wash.cc 31 A-1 31 A-2 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: PLANNING COMMISSION SECRETARY OCTOBER 26, 2009 APPROVED TITLE: ? As Recommended PUBLIC HEARING - FILED BY JAMES GARTNER ? As Amended AND ASSOCIATES FOR CONDITIONAL USE PERMIT ? Set Public Hearing For NO. 2009-19 TO ALLOW A CARWASH AT 202 EAST DENIED FIRST STREET ? Applicant's Request ? Staff Recommendation CONTINUED TO Prepared by Matt Foulkes ~ ~~~ti-~-~_ ~ Executive Dire or Planning Man ger RECOMMENDED ACTION Adopt a resolution approving Conditional Use Permit No. 2009-19 as conditioned. DISCUSSION Request of Applicant James Gartner and Associates Architects, on behalf of Santa Ana Express carwash, is requesting approval of a conditional use permit in order to construct an automatic carwash facility at 202 East First Street. Property Description The subject site is a 1.1 acre parcel of land located on the south side of First Street between Cypress and Orange Avenues. The site is currently vacant and was previously used as an equipment rental yard. The General Plan land use designation for this site is General Commercial (GC), and it is located within the General Commercial (C-2) zoning district. Surrounding land uses include commercial to the north and west with residential to the east and south (Exhibits 1 and 2). Project Description The applicant is requesting a conditional use permit to construct a 6,505 square foot automatic carwash. The two-story structure will be located adjacent to the eastern property line and is oriented to allow cars to enter at the southern portion of the property near Walnut Street and exit adjacent to First Street. The first floor will be primarily occupied with EXHIBIT A 31 A-3 Conditional Use Permit No. 2009-19 October 26, 2009 Page 2 the carwash equipment and customer restrooms while the second floor will contain approximately 425 square feet of administrative office with the remaining area to be used for HVAC equipment and storage. Twenty-five parking spaces have been provided to allow vehicles entering or exiting the carwash to dry and/or vacuum their vehicles. Landscaping has been provided in excess of the City's requirements along First Street, Cypress Avenue and Walnut Street with space for decorative trellises and vine pockets along the building's eastern wall facing the alley. These vines and trellises comply with the City's recently adopted graffiti mitigation design guidelines. The Site has been designed with driveways on both First Street and Cypress Avenue to allow vehicles to circulate through the site from either driveway. These driveways will feature decorative stamped paving to further enrich the entrances to the site. The building will feature a variety of materials including burnished and precision cut block to complement the horizontal lapped siding. The second story will feature a row of six-foot windows allowing light into the carwash tunnel as well as adding height and visual interest to the building. The roof of the building will be curved metal with angular metal columns extending down to the base of the building. Arched canopies have also been provided in the parking area to complement the roof design of the building and provide a shaded area for customers to dry/vacuum their vehicles (Exhibits 3 through 6). The proposed hours of operation for the carwash will be 9:00 a.m. to 10:00 p.m., seven days a week. Analysis of the Issues The property's zoning designation allows automated car wash facilities subject to a conditional use permit per section 41-377.5(b) of the Santa Ana Municipal Code (SAMC). This conditional use permit requirement allows staff and decision makers to review projects on an individual basis to determine its compatibility with the surrounding area and apply appropriate conditions to ensure that the proposed business does not negatively affect the surrounding properties or community. As part of the analysis process for conditional use permit requests staff analyzes a variety of issues relating to proposed project in order to ensure a quality development and to provide justification for the findings needed to recommend approval. These include the extent to which the proposed project provides a needed product or service to the community; a finding that the project will not be detrimental to the health, safety or welfare of the community; that the project will not cause economic instability in the area; that the project complies will all of the 31 A-4 Conditional Use Permit No. 2009-19 October 26, 2009 Page 3 development standards contained in the City's Zoning Ordinance (SANG Chapter 41); and that the project is in conformance with the City's General Plan. Staff also identifies any potential impacts the project may have to surrounding properties and develops appropriate conditions of approval or design considerations to minimize or eliminate those issues. Conformance to Required Development Standards As proposed, this project meets all of the City's minimum development standards for the General Commercial (C-2) zoning district relating to site design, parking and landscaping, with the site substantially exceeding the minimum parking and landscaping requirements along both the First Street and Cypress Avenue setbacks. Compliance with General Plan Policies The project helps to implement a number of policies contained in both the Land Use Element and Urban Design Element of the General Plan. Key among these are: Land Use Element Policy 2.2 - Support commercial land uses in adequate amounts to accommodate the City's needs for goods and services. The addition of an automatic car wash facility in this location will provide a service to the surrounding residents by providing them with a convenient and accessible location to wash their vehicles. The project's location adjacent to a major arterial street to the north as well as a large congregation of residential properties to the south makes it an appropriate location for a service use of this type. Land Use Element Policy 2.2 - Promote rehabilitation of commercial properties, and encourage increased levels of capital investment. The subject property was previously used as an equipment rental yard which met none of the City's development standards. Most recently the site has been a vacant lot. The site's small size constrains its development opportunities and the relatively deteriorated nature of the surrounding properties also constrains the property's marketability. The proposed project will significantly improve the property with the construction of a high quality building which improve the area. The applicant will also make a substantial capital investment in the property with the addition of the proposed improvements. 31 A-5 Conditional Use Permit No. 2009-19 October 26, 2009 Page 4 Urban Design Element Policy 1.5 - Enhanced architectural forms, textures, colors, and materials are expected in the design of all projects. The building design is unique for a use of this type. The car wash "tunnel" has been completely integrated into the building. The two-story design, which includes office space on the second floor, allows for addition of large clerestory windows that provide architectural interest, as well as provide natural light to the interior of the tunnel. The contemporary design will provide architectural and visual interest to patrons, pedestrians and vehicles travelling along First Street while remaining compatible with the surrounding development. The project design includes the use of high quality materials and design features, such as the use of a curved metal roof, angular metal beams and the use of a variety of building materials. The fagade uses a creative mix of split- face and burnished architectural block alternating with the use of lapped siding. The site includes extensive landscaping in a drought tolerant palette around the project's boundary and within the parking lot to both help it integrate with the residential properties and streetscape to the east and south, and provide shading for the patrons. Potential Impacts to Public Health, Safety and Welfare Staff has identified noise, loitering, site maintenance and security as some of the potential issues surrounding this project. The noise implications surrounding this use are two-fold. The first is from the car washing equipment itself, and the other is from the vehicles and patrons that will be using the facility. To address the potential for any noise which could emanate from the car washing equipment, the building has been oriented to have the exit, where any noise could potentially originate, facing away from the adjacent properties and instead be oriented towards First Street. Additionally, the building has been moved as close to First Street as possible in order to provide a substantial buffer between the building and the residential properties to the south and east. Finally, the building has been designed to include a six-foot solid block wall along the eastern property line to further buffer any noise originating from the car wash equipment to the adjacent properties, as well as provide a visual screen of the car wash exit to vehicles traveling along First Street. Although vacuuming equipment will be provided for each of the parking stalls, the equipment that is proposed uses three fully enclosed, central storage containers which substantially reduces the noise generated by their use. 31 A-6 Conditional Use Permit No. 2009-19 October 26, 2009 Page 5 To address noise generated by customers utilizing the car wash facility, the primary parking area is oriented away from the residential properties to the south of the project and is screened from the properties to the east of the project by the car wash building. Additionally, hours of operation and outdoor speaker restrictions have been added as conditions of approval to further reduce any noise impacts. Site security and loitering issues have been addressed through a combination of staffing, lighting and site design. When the car wash is not in operation the driveways will be gated in order to prevent vehicles from coming on to the site. In addition to restricting vehicle access, roll-up doors will close off the entrance and exit to the carwash tunnel and all mechanical and vacuuming equipment will be non-operational. During regular hours of operation, three to four employees will be available on site to address site maintenance issues including trash and loitering as well as provide assistance in case of equipment malfunctions. Finally, the project will comply with current lighting requirements by the Police Department. Based upon the analysis of the project subject to the specified criteria and findings, staff recommends that the Planning Commission approve Conditional Use Permit No. 2009-19 as conditioned (Exhibits 7 and 8). CEQA Compliance In accordance with the California Environmental Quality Act, the proposed project is Categorically Exempt per Section 15303. This Class 3 exemption applies to projects less than 10,000 square feet in urbanized areas where all necessary public services and facilities are available and the surrounding area is not environmentally sensitive. Matt Foulkes, LEED AP Ser io of IC Assistant Planner I Princi P a e MF:jm mf\reports\cup09-19 Santa Ana Express Car Wash.pc 31 A-7 P R2 ~ SP-3 SD- SP-3 I I I 2 s M p~ R2 ~ Nz M1 SP-3 = I 3' nz s Ri ni nz R2 R2 R2 R2 P 75 a P,++" M~ P R2 R2 I SP-3 s3 :t,: ~ § W;o~ M2 0 SP-3 „ sr r a 0 s Ems. M2 R2 R1 ni eB ~ P P P SP-3 sr q~ D ~a'F' n< \ .a+ 0 9 P P SP-3 -3 ; 5~' p SP-3 SP-3 ~ M~ P s SD-20 ~ SP-3 i s3 a ~ ~ t S~"I, 0 ENE R. I ~ P3, a2 M2 SP 3 -a I sue' A~ P2 P2~r Mom„ GC' CIVICCEHTEH Rs ap A2 a2 ~ ~a ~ M2 F NDII K+'a - 0^ of ~ GC ~ ~ NDII C3 P P R2 ,e QM~ n NDII C3- C2+~~~ R2 p2 W GC~ 9ANTAAHA Bl. ~ ~ _ ~9T ~ 9. C3 C3 ca c3 C3 C3 c2 LL ¦ ¦ ¦ -HDU -xon waD -HOU -HDU SD-30 m ~ H R2 C2-xal m C2xDn M? 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COMMERCIAL ~ COMMERCIAL J Q COMMER IAL _ J J ~ F- Q ~ ~ J U J MULTI FAMILY W O W Q ~ Q RESIDENTIAL W> U ~ J W JJ O ~ Z Q ~ r~ C7. U ~ W ~ ~ ~ y~ g O U VACANT O ? r~ . ~ VACANT U WALNUT ST. J W SFR W M TI FAMILY U } ~ J ~ VACANT SIDENTIAL Q J W ~ ~ W M~ MFR ~ Q O ~ ~ ~ Q ~ 1.~ O ~ _ J 0 V JJ W ~ U W W W W C7 ~ SFR J ~ ? W W ~ CUP 09-19 ~ SANTA ANA EXPRESS CARWASH ` 202 EAST FIRST STREET P L A N N I N G A N D B U I L D I N G A G E N C Y LAND USE MAP J 1 /'~B~ 2 fi ~ " f ~ 'J ~ ~ it f,~ ~ t ,E~)~' \ tt ( / ( t ~ ~ , - i~ y ~ c i < ~ ~i ~ ! ~ ~ yddd ~ ~ ~ ~ 111 e ~ i f r ~~AA I~ ~ ~ ( ~ ~ - - ~ ~ _ oz ~ ~ t _ L , ~ ~ ~ ~ ~ ~ ~1~ 9 . ' o~~ , ' 1 I I ~ ~ ~ ' 4_J 1 ~~~i$"uT~ 1 ~ ~ ~ , ~t~i' ~Y S. Q { ~ 4 Y, ~ i ~9` i J~ 1 i I.~ ~ ~ itJ_I j 3 ~ ~ ~ ti+ ~ # S ~ L ~ ~ I ,9 ` ` ~ .:J ~ , ~I ~ ti i ~ ~tt!`` 1La t € t~ . it . ~ ~ E ~ ~ , ~ w~Y v ~ ~ ~ ~ ~ ~ ~ ~II eft ~ ~ ~ s •I -,j ~ ~ ~ . , , ~ ~ ~ «J 'M. s ~ ~ ~ ~ ~ T ~ ~ ~ j~ ,r / 1 Q ~ ~ , f , . y --i `z - - EXHIBIT' ~ - 4 . . 34~ _ - r ¢°`*a Page o ~fiater~als Palet~~e ~ce~end Sant:~~ Ana Express Car Vi/ash SANTA ANA CJ1lU'CrRNIA Symbol Materials Description to s-zoos 1). ~ ~ TREE CRAPE MYR3-LE TREE (White), Lagerstromia Indica. sv'i 2). TREE existing Trees @ City R.O.W. [Camphor (?)@ Cypress Ave. i London Plane- California Sycamore Wah~ut-First Street TBD). ~ 1"REE VJILLC~W PITT'05PORUM Urrdulatum. Alt. f_alifornia Pepper-Scfrinus Molls. ~1}. PALM CALlr=ORNIA J MEXICAN FAN PALM, Filifera / Robusta. S}. ~ LAWN Existinf; Street I;.O.VV.-Parkway'{'urf-Lawn to be redone in City approved Turf. jSanta F1na Bermuda /Blue Rye /EI 1"oro Zoysia I~~BD). ~ - - ; Grounci Cover Assorted ~fB~J Randomly-grouped placed fiotivc;ring Color-native Perennials, i.e. Cushion Spurt;elFtussfan Sage/ Santa Barbara OaisyJGay t=eaiher, ETC. "I EiD, planted irr Natr.iral Decomposed Granite. ~13 j i Grasses Ll" - 7.R" i~tandorn-Grouped Medley o'i ©rnamental Cara ce; I~>laced in Natrara! ± G-' Decomposed Granite. i.e. Dwarf Fountain/Blue-silver fescuelMexican Feathers/Quaking Grass/Black Pennisteturn, et:c. TBD. ~ '~~L4" -3U" pruned-formed evergreen shrubs, flowering non flowering, i.e. Natal ~.`J Low Shrubs ~ Plumb /Japanese Pittosporum Variegatum /Boxwood /Wax leaf Privet / Woods Compact, etc. TBD. Typically midpoint -tap of finish landscape grade - I mound (c~ -r-1&" off top of curb. ~C?,j I Vinc Ailey wall on Vvire support Persian Ivy /Boston ivy / C-ng{ish Ivy, Site V bui(din;, walls Persian Ivy /Boston ivy/ Lnf;iish Ivy /Gape Money Suckle, etc. ~(B(=~. ~l } Enric~hcd raving ~lypit,rl Lnrichc.r.i Con r~ to pavrnf;, w/ k-xpansion )oinf~ color frnrsh t~ xture to }r . ~ i ~ i concrci.~ located, ciesrgn delineated ert. twu driveway entranc:s General .~rutc; ~ ~ ; , circulation paving to be natural concrotc. color- trowr--,led #inish. Srtc: Walks io ~ be Rod<sait-x ~ c r li7ht broom finish. I r>rp~~, ~ I I f Rock Salt-Pepper, cold trowel, Simi smooth finish. 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Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or community? The addition of an automatic carwash facility at this location will provide a quality amenity along a major arterial street which will contribute to the general well being of the community. Policy 2.2 of the Land Use Element encourages commercial land uses in adequate amounts to accommodate the City's needs for goods and services. B. Will the proposed use 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 conditional use permit for an automatic car wash business will not be detrimental to persons residing or working in the area as appropriate design considerations and conditions of approval have been added to this project to ensure it will not result in any negative impacts on the surrounding properties. C. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The construction of a new automatic car wash at this location will further enhance the present and future economic stability of this area by developing a previously vacant site with a high quality project which will provide a needed service to this area. Additionally, the project's location adjacent to a major arterial, as well as residential development, makes it an appropriate location for this type of use. Appropriate conditions of approval have been included for this project to ensure there are no negative impacts to the surrounding area. CUP 09-19 J 1 ~IT~ 15 Conditional Use Permit No. 2009-19 October 26, 2009 Page 2 of 2 D. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? The proposed project complies with or exceeds all applicable regulations and conditions specified in Chapter 41 for this use. Specifically, the project exceeds both the parking and landscaping requirements in the General Commercial (C-2) zoning district. E. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed use will not adversely affect the General Plan. The subject site is located within an area designated with the General Plan land use designation as General Commercial and is located within an established commercial corridor of the City. The development of the site supports Policy 5.5 of the Land Use Element of the General plan which encourages development that is compatible with and supportive of surrounding land uses. Further, this project supports Policy 2.2 of the Land Use Element which encourages development that accommodates the City's needs for goods and services. 31 A-16 OCTOBER 26, 2009 PAGE 1 OF 2 1 Conditions for A rova Should Conditional Use Permit No. 2009-19 be approved, the project shall comply with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below prior to exercising the rights conferred by this conditional use permit. 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. A. Planning Division 1. The project shall remain in compliance with Site Plan Review (DP No. 09-27). 2. Any amendment to this conditional use permit must be submitted to the Planning Division and Police Department for review. At that time, staff will determine if administrative relief is available or if the conditional use permit must be amended. 3. Prior to approval of a Certificate of Occupancy, all on-site improvements shall be made in accordance with the submitted plan. 4. Prior to issuance of building permits, a lighting plan including location, design details and foot-candle measurements shall be submitted to the Planning Division and Police Department for approval. 5. Hours of operation shall be limited to 9:00 a.m. to 10:00 p.m. 6. Roll-up doors shall be provided to restrict access to the carwash tunnel during non-operating hours. 7. Vacuuming equipment shall not be available or functional during non-operating hours. CUP 09-19 3 ~~!~1'76 OCTOBER 26, 2009 PAGE 2 OF 2 8. Prior to approval of a Certificate of Occupancy, all on-site signage including directional signage shall be submitted to the Planning Department for review and approval and shall be under separate permit. 9. On-site employees shall be responsible for the removal of all litter and trash from the site each day. 10. Inoperable or malfunctioning equipment shall be repaired or replaced in a timely manner. 11. Landscaping shall be maintained in compliance with the submitted plan including all parkways and street trees. Any modifications to this plan shall be submitted to the planning department for review and subject to the approval of the Planning Manager. 12. There shall be no overnight parking of vehicles on site. 13. All ingress and egress to the property shall be restricted during non-operating hours. Prior to issuance of building permits, the design and location of any equipment restricting access to the site shall be reviewed and approved by the Planning Department. 14. There shall be no exposed neon lighting of any kind on either the building, parking lot canopies or in the windows. 15. Enhanced paving shall be provided at both the First Street and Cypress Avenue driveways. 16. Customer restrooms shall be locked during all non-operating hours. 17. There shall be no outdoor speakers or any other sound amplifying devices installed on the site. B. Police Department 1. Prior to approval of a Certificate of Occupancy, on-site lighting must comply with current Municipal Code standards. 31 A-18 bk:10/26/09 RESOLUTION NO. 2009-18 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2009-19 AS CONDITIONED TO ALLOW INITIATION OF A CARWASH USE FOR THE PROPERTY LOCATED AT 202 EAST FIRST 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. Applicant is requesting approval of a conditional use permit to construct a 6,505 square foot automatic carwash on a vacant 1.1 acre parcel of land located on the south side of First Street between Cypress and Orange Avenues. B. Conditional Use Permit No. 2009-19, came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on October 26, 2009. 1. Conditional Use Permit No. 2009-19 has been filed with the City of Santa Ana seeking to allow atwo-story structure to be located adjacent to the eastern property line and is oriented to allow cars to enter at the southern portion of the property near Walnut Street and exit adjacent to First Street. The first floor will constitute the car wash with the second floor reserved for ancillary office use. 2. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a conditional use permit upon making certain findings. i. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or community? The addition of an automatic carwash facility at this location will provide a quality amenity along a major arterial street which will contribute to the general well being of the community. Policy 2.2 of the Land Use Element encourages commercial land uses in Resolution No. 2009-18 Page 1 of 6 31 A-19 adequate amounts to accommodate the City's needs for goods and services. ii. Will the proposed use 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 conditional use permit for an automatic car wash business will not be detrimental to persons residing or working in the area as appropriate design considerations and conditions of approval have been added to this project to ensure it will not result in any negative impacts on the surrounding properties. iii. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The construction of a new automatic car wash at this location will further enhance the present and future economic stability of this area by developing a previously vacant site with a high quality project which will provide a needed service to this area. Additionally, the project's location adjacent to a major arterial, as well as residential development, makes it an appropriate location for this type of use. Appropriate conditions of approval have been included for this project to ensure there are no negative impacts to the surrounding area. iv. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? The proposed project complies with or exceeds all applicable regulations and conditions specified in Chapter 41 for this use. Specifically, the project exceeds both the parking and landscaping requirements in the General Commercial (C-2) zoning district. v. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed use will not adversely affect the General Plan. The subject site is located within an area designated with the General Plan land use designation Resolution No. 2009-18 Page 2 of 6 31 A-20 ' as General Commercial and is located within an established commercial corridor of the City. The development of the site supports Policy 5.5 of the Land Use Element of the General plan which encourages development that is compatible with and supportive of surrounding land uses. Further, this project supports Policy 2.2 of the Land Use Element which encourages development that accommodates the City's needs for goods and services. C. In accordance with the California Environmental Quality Act, the proposed project is Categorically Exempt per Section 15303. This Class 3 exemption applies to projects less than 10,000 square feet in urbanized areas where all necessary public services and facilities are available and the surrounding area is not environmentally sensitive. Section 2. The Planning Commission after conducting the public hearing hereby approves for the property located at 202 East First Street:. 1. .Conditional Use Permit No. 2009-19, as conditioned in Exhibit "A" attached hereto and incorporated herein, to permit the subject property to initiate a use as an automated carwash with ancillary office These decisions are based upon the evidence submitted at the above said hearing, which includes but is not limited to: the Request for Planning Commission Action dated October 26, 2009 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 26th day of October, 2009 by the following vote: AYES: Commissioners: Alderete, Betancourt, Leo, Tumer, Yrarrazaval (5) NOES: Commissioners: None (0) ABSENT: Commissioners: None (0) ABSTENTIONS: Commissioners: Gartner (1) Christopher Leo Chairman Resolution No. 2009-18 Page 3 of 6 31 A-21 APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Benjamin Kaufman Chief Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Martha Ramirez, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2009-18 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on October 26, 2009. Date: Planning Commission Secretary City of Santa Ana Resolution No. 2009-18 Page 4 of 6 31 A-22 Conditions for Approval for Conditional Use Permit No. 2009-19 Conditional Use Permit No. 2009-19 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards n all other a licable re ulations. Code a d pp g The applicant must comply in full with each and every condition listed below rip or to exercising the rights conferred by this conditional use permit. 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. A. Planning Division 1. The project shall remain in compliance with Site Plan Review (DP No. 09- 27). 2. Any amendment to this conditional use permit must be submitted to the Planning Division and Police Department for review. At that time, staff will determine if administrative relief is available or if the conditional use permit must be amended. 3. Prior to approval of a Certificate of Occupancy, all on-site improvements shall be made in accordance with the submitted plan. 4. Prior to issuance of building permits, a lighting plan including location, design details and foot-candle measurements shall be submitted to the Planning Division and Police Department for approval. 5. Hours of operation shall be limited to 7:00 a.m. to 9:00 p.m. 6. Roll-up doors shall be provided to restrict access to the carwash tunnel during non-operating hours. 7. Vacuuming equipment shall not be available or functional during non- operating hours. 8. Prior to approval of a Certificate of Occupancy, all on-site signage including directional signage shall be submitted to the Planning Department for review and approval and shall be under separate permit. EXHIBIT A Resolution No. 2009-18 Page 5 of 6 31 A-23 9. On-site employees shall be responsible for the removal of all litter and trash from the site each day. 10. Inoperable or malfunctioning equipment shall be repaired or replaced in a timely manner. 11. Landscaping shall be maintained in compliance with the submitted plan including all parkways and street trees. Any modifications to this plan shall be submitted to the planning department for review and subject to the approval of the Planning Manager. 12. There shall be no overnight parking of vehicles on site. 13. All ingress and egress to the property shall be restricted during non- operating hours. Prior to issuance of building permits, the design and location of any equipment restricting access to the site shall be reviewed and approved by the Planning Department. 14. There shall be no exposed neon lighting of any kind on either the building, parking lot canopies or in the windows. 15. Enhanced paving shall be provided at both the First Street and Cypress Avenue driveways. 16. Customer restrooms shall be locked during all non-operating hours. 17. There shall be no outdoor speakers or any other sound amplifying devices installed on the site. 18. All parcels which are the subject of this application shall be consolidated into a single legal lot prior to issuance of a building permit. B. Police Department 1. Prior to approval of a Certificate of Occupancy, on-site lighting must comply with current Municipal Code standards. Resolution No. 2009-18 Page 6 of 6 31 A-24