HomeMy WebLinkAbout31A - CUP - 4412 WESTMINSTER AVEREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
DECEMBER 20, 2016
TITLE:
CONDITIONAL USE PERMIT NO. 2016-36
AND VARIANCE NO. 2016-07 TO ALLOW
THE TWO THUMBS UP CAR WASH AT
4412 WESTMINSTER AVENUE —
JAMES GARTNER, APPLICANT
(STRATEGIC PLAN NO. 3,2)
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
F.T570041WE
®
As Recommended
71
As Amended
®
Ordinance on 1" Reading
®
Ordinance on 206 Reading
[I
Implementing Resolution
®
Set Public Hearing For
CONTINUED TO
FILE NUMBER
Receive and file the staff report approving Conditional Use Permit No. 2016-36 as conditioned
and Variance No. 2016-07 as conditioned.
PLANNING COMMISSION ACTION
At its regular meeting on November 28, 2016, by a vote of 6:0 (Gartner abstained), the Planning
Commission adopted a resolution approving Conditional Use Permit No. 2016-36 to allow the
construction of an automatic car wash and Variance No. 2016-07 as conditioned for a reduction
in required setbacks and to allow the building to exceed the allowable height at 4412
Westminster Avenue located in the General Commercial (C-2) zoning district. The Planning
Commission added a condition of approval to require the planting of vines and Italian Cypress
trees on the mobile home (south) side of the block wall that will be built to separate the car wash
from the mobile home park (Exhibit A).
DISCUSSION
The applicant is requesting approval to construct a 4,900 -square -foot automatic car wash building
and a 1,000 -square -foot office building. The car wash structure will be located at the southernmost
section of the site and is designed to allow access to the car wash from a driveway on Westminster
Avenue. An additional driveway is proposed on Newhope Street that will be used for exiting
purposes only. A single pay point, with a stacking lane of approximately 100 feet, will be provided.
The architectural style of the building is contemporary in nature with a variety of materials including
colored glass panels, aluminum storefronts, concrete masonry units and horizontal aluminum
reveals to be utilized. The roof of the building will be curved to add visual interest, with anodized
aluminum frames used on all windows and doors. The canopies for the drying stations will utilize
similar materials to those found on the car wash structure. The proposed hours of operation will be
from 7:00 a.m. to 9:00 p.m. daily.
31A-1
CUP No. 2016-36 and VA No. 2016-07 — Two Thumbs Up Car Wash, 4412 Westminster Avenue
December 20, 2016
Page 2
A 15 -foot landscaped setback will be provided along the Newhope Street frontage and an 18 -foot
setback along the Westminster Avenue frontage. A 10 -foot high solid block wall will be constructed
along the south property line to provide a buffer between the car wash and residences and minimize
any noise impacting the adjacent residences. Full-sized site plans are available for public viewing
in the Clerk of the Council Office.
STRATEGIC PLAN ALIGNMENT
Approval of this item supports the City's efforts to meet Goal #3 - Economic Development,
Objective #2 (create new opportunities for business/job growth and encourage private
development through new General Plan and Zoning Ordinance policies).
FISCAL IMPACT
There is no fiscal impact associated with this action.
.s-yrsvy
assan Haghq i, AI
Executive Director
Planning & Building Agency
VF:rb
Vt\wp51\reports\CUP 16-36 & VA 16-7 Thumbs Up Car Wash=
Exhibit: A. Planning Commission Staff Report
31A-2
REQUEST FOR
Planning Commission Action
PLANNING COMMISSION MEETING DATE:
NOVEMBER 28, 2016
TITLE:
PUBLIC HEARING — FILED BY JAMES GARTNER
FOR CONDITIONAL USE PERMIT NO. 2016-36
AND VARIANCE NO. 2016-07 TO ALLOW THE TWO
THUMBS UP CAR WASH AT 4412 WESTMINSTER
AVENUE (STRATEGIC PLAN NO. 3,2)
Prepared by Vince Fregoso
Executive Director
RECOMMENDED ACTION
PLANNING COMMISSION SECRETARY
APPROVED
❑
As Recommended
❑
As Amended
❑
Set Public Hearing For
DENIED
❑
Applicant's Request
❑
Staff Recommendation
CONTINUED TO
Planning Manageli
1. Adopt a resolution approving Conditional Use Permit No. 2016-36 as conditioned.
2. Adopt a resolution approving Variance No. 2016-07(a) as conditioned to allow a reduction in
required setbacks.
3. Adopt a resolution approving Variance No. 2016-07(b) as conditioned to allow the building to
exceed the allowable height.
Request of Applicant
James Gartner, representing 4414 Westminster Avenue LLC, is requesting approval of a conditional
use permit to allow the construction of an automatic car wash facility at 4412 Westminster Avenue.
Pursuant to Section 41-377.5(b) of the Santa Ana Municipal Code (SAMC), car washes require the
approval of a conditional use permit in the General Commercial (C2) zoning district. Further, the
applicant is requesting approval of a variance from Section 41-380 to allow a reduction in the
required 15 -foot landscaped setback on Westminster Avenue and from Section 41-382 to allow the
building to exceed 15 feet in height adjacent to a residential use.
Protect Location and Site Description
The subject site currently consists of two separate parcels of land and is approximately 1.1 acres in
size. The project site is rectangular in shape and is located on the southeast corner of Westminster
Avenue and Newhope Street. The western parcel is currently vacant, while the eastern parcel is
occupied by an automotive repair use and a vacant retail building.
EXHIBIT A
31A-3
CUP No. 2016-36 and VA No. 2016-07
November 28, 2016
Page 2
The project site has a General Plan land use designation of General Commercial (GC) and is zoned
General Commercial (C2). General Commercial land use districts are key components in the
economic development of the City and provide important neighborhood facilities and services, such as
this car wash facility. As proposed, the project site is consistent with the General Plan and Zoning
designations. The site is surrounded by commercial uses to the north, east and west, and a mobile
home park to the south (Exhibits 1, 2 and 3).
Prosect Description
The applicant is requesting approval of a conditional use permit and two variances in order to construct
a new car wash. Specifically, the project will entail the construction of two structures: A 4,900 -square -
foot automatic car wash building and a 1,000 -square -foot office building. The car wash structure will be
located at the southernmost section of the site and is designed to allow access to the car wash from a
driveway on Westminster Avenue. An additional driveway is proposed on Newhope Street that will be
used for exiting purposes only. A single pay point, with a stacking lane of approximately 100 feet, will
be provided.
The architectural style of the building is contemporary in nature. A variety of quality building materials
including colored glass panels, aluminum storefronts, concrete masonry units and horizontal aluminum
reveals will be utilized. The roof of the building will be curved to add visual interest, with anodized
aluminum frames used on all windows and doors. The canopies for the drying stations will utilize
similar materials to those found on the car wash structure. The proposed hours of operation will be
from 7:00 a.m. to 9:00 p.m. daily.
A total of 22 parking spaces, including 21 spaces equipped with vacuums, will be provided to allow
patrons to dry and/or vacuum their vehicles. A 15 -foot landscaped setback will be provided along the
Newhope Street frontage and an 18 -foot setback along the Westminster Avenue frontage. However,
as dedication for future street widening is required for this project, the Westminster Avenue setback will
be reduced to 10 feet when the widening project commences. A solid block wall ranging in height from
six to 10 feet will be constructed along the south property line to provide a buffer between the car wash
and residences and minimize any noise impacting the adjacent residences. Vine pockets will be
incorporated into the block wall where feasible to prevent graffiti as required by the City's graffiti
mitigation design guidelines (Exhibits 4 through 7).
Project Backaround
The subject site consists of two separate lots. The westernmost parcel of land, addressed as 4426
Westminster Avenue, has been vacant since the City annexed the land from the County. Based on
a review of City records, it was once occupied by a service station. The eastern parcel of land, 4412
and 4414 Westminster Avenue, contains two buildings that were constructed in 1961. The smaller
building to the west was occupied by a variety of uses, including a restaurant, bar and most recently
a retail store. The larger building has been occupied by an automotive service use.
31A-4
CUP No. 2016-36 and VA No. 2016-07
November 28, 2016
Page 3
In June 2006, a conditional use permit was approved to allow the construction of a 7-11 service
station and market on the western parcel. However, for unknown reasons, the project never moved
forward with construction and the conditional use permit expired.
Proiect Analysis
Conditional Use Permit
Section 41-377.5(b) of the Santa Ana Municipal Code (SAMC) allows automatic carwashes subject to
the approval of a conditional use permit in the General Commercial (C2) zoning district. The
conditional use permit requirement allows staff and decisional makers the ability to review each project
on an individual basis to determine its compatibility with the surrounding area and apply appropriate
conditions to ensure the proposed business will not negatively affect the surrounding properties or
community.
As part of the analysis process for the conditional use permit, staff is required to analyze a variety of
issues to ensure a quality development and to provide justifications for findings needed to recommend
approval as governed by Section 41-638 of the SAMC. These include the extent to which the
proposed project provides a needed product or service to the community; the project will not be
detrimental to the health, safety or welfare of the community; the project will not cause economic
instability in the area; the project complies with the development standards contained in the City's
Zoning Ordinance (SAMC 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 eliminates those
issues.
After analyzing the applicant's proposal, staff is supportive of the applicant's request for a
conditional use permit for the following reasons. First, the proposed automatic car wash facility will
provide a service to the commercial and residential uses in the area and will prove an affordable and
convenient car wash service. Although a car wash is located to the east of the proposed project, it
is a coin-operated facility that offers minimal services to customers. The proposed car wash will
offer additional services (enhanced washing and vacuuming) that are not found in the immediate
area. Second, conditions of approval have been included that will result in a project that will not be
a detriment to persons residing or working in the vicinity. For instance, vehicles will not be permitted
to access the site from Newhope Street, which will minimize impacts to the surrounding arterial
street system. And, the car wash has been designed to minimize potential impacts to vehicles
travelling on Westminster Avenue and Newhope Street by locating the driveway away from the
intersection and by providing an internal stacking area that has been designed to minimize impacts
to the street system. Further, a condition requiring a solid block wall between six and 10 feet in
height at the south property line adjacent to the mobile home will minimize any potential noise
impacts created by the car wash use. Third, the proposed use will assist in identifying the site as
31A-5
CUP No. 2016-36 and VA No. 2016-07
November 28, 2016
Page 4
viable location to operate a business and will revitalize vacant and underutilized parcels of land. Of
the two project parcels, one has been vacant for over 15 years, with the other parcel containing a
vacant building. Development of this site will identify this area of the City as an opportunity area for
investment. Fourth, the proposed project will be in compliance with all applicable regulations and
provisions of Chapter 41 of the Santa Ana Municipal Code, with the exception of front yard setbacks
and building height, which the applicant is requesting a variance to obtain relief from these
standards. All other provisions of the Code will be complied with, such as landscaping, trash
enclosure, handicap path of travel and lighting will be provided to bring the site into compliance with
code. Finally, the proposed use will not adversely affect the General Plan. Land Use Element
Policy 2.2 supports commercial land uses in adequate amounts to accommodate the City's needs
for goods and services. Land Use Element Policy 2.8 promotes rehabilitation of commercial
properties, and encourages increased levels of capital investment. Urban Design Element Policy
1.5 encourages enhanced architectural forms, textures, colors and materials are expected in the
design of all projects. The proposed automatic car wash will be consistent with each of these
General Plan policies.
Setback and Building Height Variances
Santa Ana Municipal Code (SAMC) Section 41-380 requires a 15 -foot front yard landscaped
setback for all properties in the General Commercial (C-2) zoning district. The applicant is
requesting approval of a variance to reduce the required setback along Westminster Avenue from
15 feet to 10 feet. In addition, SAMC Section 41-382 limits commercial structures to 15 feet in
height if located within 20 feet of residentially zoned or used property. As proposed, the building will
be 12 feet in height adjacent to the mobile home park and 31 feet in height at its highest point when
10 feet away from the residences. Although the building will contain a step back, it will still exceed
the maximum allowable height. As a result, a variance from the height standard is required.
Through the variance process, the SAMC provides for the ability to vary from the development
standards contained in the code where there is a condition unique to size, shape, topography,
location or surroundings of the site. In this case, there are special circumstances of the subject site
that would warrant a variance from the current development standards. The following outlines the
unique challenge of this particular parcel of land that warrants approval of a reduction in the
landscaped setback and building height standards.
The project site is located on a corner lot fronting both Newhope Street and Westminster Avenue,
major arterial streets as defined by the Circulation Element of the General Plan. Since the site
fronts two arterial streets, a minimum setback of 15 feet is required on both frontages, which
impacts the allowable footprint of the buildings. Second, the site is rectangular in shape, with the
depth of the lot less than half of the lots width. Due to the linear shape of the lot, it is difficult, if not
infeasible, to increase the size of the lot. There are limited options to increase the size of the lot to
accommodate the car wash use without affecting neighboring properties due to the development
pattern and built out environment surrounding the subject site. Third, a dedication of eight feet is
31A-6
CUP No. 2016-36 and VA No. 2016-07
November 28, 2016
Page 5
required along the Westminster Avenue frontage to accommodate future street widening. This
dedication further constricts the applicant's ability to develop the site with a functional car wash use.
Fourth, the design requirements of a car wash use, where the use requires minimum areas to
accommodate driveways, vacuum stations and the placement of buildings, in conjunction with a lot
with minimal depth, further restricts the placement of the building on the site. Finally, car wash uses
typically require higher ceilings to provide adequate clearance for trucks and vehicles that will use
the facility. In order to allow a car wash to be constructed on the site, an increase in the allowable
height is needed.
To mitigate the potential impacts associated with the car wash use, the applicant is proposing
several site improvements. The strip of land to be dedicated to the City for future widening will be
landscaped, thereby providing an 18 -foot landscaped setback until such time as the dedication is
needed. The landscaping will also be designed in a way to be minimally affected once the land is
required for street purposes. Further, the landscaping will be increased in size to provide a more
mature appearance when the car wash is operational. In addition, a block wall of up to 10 feet in
height will be constructed along the south property line to ensure no noise or other impacts affect
the residential uses. Finally, the proposed project will comply with all other applicable development
standards for the use, except for setbacks and building height.
On October 24th, the Planning Commission held a public hearing on the proposed project. After
receiving public input, the Commission continued the item for 30 days to allow staff and the
applicant time to address concerns related to aesthetics, more specifically the height of the building,
on-site circulation and noise mitigation.
First, staff and the applicant met to discuss options for altering the height of the building to minimize
its impact on the adjacent residential uses. Due to the unique design of the structure, and the desire
to maintain elements that contribute to the overall design, the applicant intends to maintain the
proposed 31 -foot building height. The applicant has agreed to remove the solar panels from the
structure at the south side of the building, which will help reduce the visual impacts of the building.
Additionally, the applicant is proposing to change the material on the south side of the building from
glass to a solid wall, which conveys a sense of privacy to the residences while maintaining the visual
appeal of the structure. To provide context of the surrounding structures and depict the compatibility
of the proposed building with the adjacent uses, the applicant has provided photographs of adjacent
structures (Exhibit 8). Second, staff analyzed the stacking lanes for the two automatic car washes
(210 East First Street and 4426 West First Street) that were approved by the Commission. The
stacking lanes for those projects ranged from 148 to 170 feet, while the proposed project has a 240 -
foot long lane. After discussing the lane distance with the Public Works Agency, it was determined
that the stacking lane for this project exceeds minimum standards and would not result in any
impact to Westminster Avenue. Finally, staff met with the applicant's noise consultant to discuss
measures that could be considered to minimize and reduce potential noise impacts. In response,
the applicant's proposal to change the material on the south side of the building to a solid wall will
help mitigate potential noise travelling south towards the residences. In addition, a 10 -foot high
31A-7
CUP No. 2016-36 and VA No. 2016-07
November 28, 2016
Page 6
sound wall will be built at the south property line adjacent to the residential uses, with a 10 -foot high
wall proposed along a portion of the east property line that will extend for a distance of 60 feet
(Exhibit 9). As proposed, these improvements will result in an enhanced project that will minimize
impacts to the adjacent community. As a result, staff is recommending approval of the proposed car
wash project.
Public Notification
The project site is located within the Riverview West Neighborhood Association. Staff contacted the
president of this association, who had no concerns with the proposed project. Additionally, the
project site was posted with a notice advertising this public hearing, a notice was published in the
Orange County Reporter and mailed notices were sent to all property owners within 500 feet of the
project site. At the time of this printing, staff received one call regarding the project. Staff met with
the individuals to review the circulation and design of the project.
CEQA Compliance
In accordance with the California Environmental Quality Act the recommended action is exempt from
further review per Section 15332. This Class 32 exemption allows infill development provided they
are consistent with the zoning and General Plan, do not have any noise or traffic impacts, and can
be served by existing utilities.
The car wash facility is a new, small facility that has been found by the City's development review
agencies to not create any adverse impacts. The facility is proposed to be located on a site that is
not designated by federal, state, or local agencies to be an environmental resource of hazardous or
critical concern. The cumulative impact of this project will not be significant as there are no other
similar car wash facilities currently on or near the site, the property is already served by roads and
utilities, and will not create any adverse impacts such as noise, traffic, or safety concerns. There is
no reasonable possibility that the project will have a significant effect on the environment due to
unusual circumstances. The project is not located within a highway officially designated as a state
scenic highway and will not result in damage to scenic resources. The project is not located on a
site which is included on any list compiled pursuant to Section 65962.5 of the Government Code.
Lastly, the project is not proposed on a site that is considered a historical resource or that is listed in
the Santa Ana Register of Historic Properties. As a result, Categorical Exemption Environmental
Review No. 2016-20 will be filed for this project.
Strateaic Plan Alignment
Approval of this item supports the City's efforts to meet Goal No. 3 Economic Development,
Objectives No. 2 (create new opportunities for business/job growth and encourage private
development through new General Plan and Zoning Ordinance policies).
31A-8
CUP No. 2016-36 and VA No. 2016-07
November 28, 2016
Page 7
Conclusion
Based on the analysis provided within this report, staff recommends that the Planning Commission
approve Conditional Use Permit No. 2016-36 as conditioned and Variance No. 2016-07 (a) and (b) as
conditioned.
Vince Fregoso, AICP
Principal Planner
VF:jm
V6wp5lVeportslCUP 16-36 & VA 16-7 Thumbs Up Car Wash.112616.pc
Attachments:
Exhibit 1 — Vicinity Map
Exhibit 2 — Land Use Map
Exhibit 3 — Site Photo
Exhibit 4 — Site Plan
Exhibit 5 — Floor Plan
Exhibit 6 — Building Elevations
Exhibit 7 — Landscape Plan
Exhibit 8 — Photographs from Adjacent Mobile Home Park
Exhibit 9 — Project Renderings
31A-9
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31A-10
CUP 2016-36NA 2016-07
kAi TWO THUMBS UP CAR WASH
4412 WESTMINSTER AVENUE S'
P L A N N I N G A N D 8 U I L O I N G A G E N C Y
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31A-1 1
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EXHIBIT 8
CUP 2016-36NA 2016-7
VIEW OF SURROUNDING STRUCTURES FROM MOBILE HOME PARK
31A-20
Page 2 of 3
31A-22
Page 3 of 3
31A-23
LS 11.28.16
RESOLUTION NO. 2016-41
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA ANA APPROVING CONDITIONAL
USE PERMIT NO. 2016-36, AS CONDITIONED, TO
ALLOW A CAR WASH AND VARIANCE NO. 2016-07, AS
CONDITIONED, TO ALLOW A REDUCTION IN SETBACKS
AND AN INCREASE IN BUILDING HEIGHT AT THE
PROPERTY LOCATED AT 4412 WESTMINSTER 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. Applicant is requesting approval of Conditional Use Permit No. 2016-36 to
allow the construction of an automatic car wash at 4412 Westminster
Avenue.
B. Santa Ana Municipal Code Section 41-377.5(b) requires approval of a
conditional use permit for car washes in the General Commercial (C-2)
zoning district.
C. Santa Ana Municipal Code Section 41-380 requires a 15 -foot landscaped
setback along any street frontage in the General Commercial (C-2) zoning
district.
D. Santa Ana Municipal Code Section 41-382 requires a building to be
setback a minimum of 20 -feet if it exceeds 15 -feet in height and is
adjacent to a residentially zoned or used property in the General
Commercial (C-2) zoning district.
E. On October 24, 2016, the Planning Commission held a duly noticed public
hearing on Conditional Use Permit No. 2016-36 and Variance No. 2016-
07. The Planning Commission continued Conditional Use Permit No.
2016-36 and Variance No. 2016-07 to November 28, 2016.
F. The Planning Commission of the City of Santa Ana determines that the
following findings, which must be established in order to grant this
Conditional Use Permit pursuant to Santa Ana Municipal Code Section 41-
638, have been established for Conditional Use Permit No. 2016-36 to
allow the construction of an automatic car wash:
Resolution No. 2016-41
Page 1 of 11
31A-24
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 proposed automatic car wash facility will provide a
service to the community. The proposed car wash 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 car wash service with
easy access from two major arterial streets. The automatic
car wash service will provide a convenient and local 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 car wash has been designed to minimize
potential impacts to vehicles travelling on both Westminster
Avenue and Newhope Street. The internal stacking area
adjacent to the streets is a minimum of 100 feet prior to
entering the pay point. A minimum eight -foot high solid
block wall will be provided at the south property line to
minimize any potential noise impacts created by the drying
machine and vacuums. 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 and area as a
viable location to operate a business. The lot shape has
constrained its development opportunities, with the relatively
deteriorated nature of the surrounding properties also
constraining the property's marketability. The construction of
a high quality building in conjunction with the on and off-site
improvements will enhance the economic viability of the
area. The proposed project will identify this area as
available for further economic development, with the
proposed car wash facility providing an affordable and
convenient car wash service that will attract patrons to the
Resolution No. 2016-41
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area. This will in turn benefit and enhance 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.
The proposed project will be in compliance with all
applicable regulations and provisions of Chapter 41 of the
Santa Ana Municipal Code with the exception of setbacks
and height, which the applicant is proposing to obtain a
variance from these standards. Site improvements are
proposed to bring the site into compliance with the remaining
provisions of the zoning code. On-site landscaping will be
provided according to the current standards. In addition,
amenities such as a new trash enclosure, a handicap path of
travel and lighting will be provided to ensure the project is in
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 use will not adversely affect the General Plan
but is consistent with several goals and policies of the
document. Goal 1 of the Land Use Element encourages
uses that promote a balance of land uses that address basic
community needs, Goal 3 supports projects that improve the
character and integrity of neighborhoods, and Goal 5
ensures that the impacts of development are mitigated.
Land Use Element Policy 2.2 supports commercial land uses
in adequate amounts to accommodate the City's needs for
goods and services. Land Use Element Policy 2.8 promotes
rehabilitation of commercial properties, and encourages
increased levels of capital investment. Urban Design
Element Policy 1.5 encourages enhanced architectural
forms, textures, colors and materials are expected in the
design of all projects. The proposed automatic car wash will
be consistent with each of these General Plan policies.
G. The Planning Commission of the City of Santa Ana determines that the
following findings, which must be established in order to grant this
Variance pursuant to Santa Ana Municipal Code Section 41-638, have
been established for Variance No. 2016-07 to allow a reduction in
landscaped setbacks and an increase in the allowable building height:
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1. That because of special circumstances applicable to the subject
property, including size, shape, topography, location or surroundings,
that 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.
The project site has a special circumstance related to its size,
shape and location. Due to the site being surrounded by
development, and the unique rectangular shape of the lot, the
applicant is unable to obtain additional land to build a structure
that can meet the setback standards and be lower in height.
Also, it is infeasible to construct a car wash facility with a
ceiling height that meets code due to the type of trucks and
vehicles that will need access to the facility. As a result,
special circumstances exist that warrant a variance.
2. That the granting of a variance is necessary for the preservation and
enjoyment of one or more substantial property rights.
The granting of the variance is necessary for the preservation
and enjoyment of substantial property rights. Allowing the
buildings to be constructed with a reduced setback and
height variance will allow the owner the ability to construct a
new car wash on partially vacant and underutilized parcels of
land. Shifting the building to comply with the height standard
would significantly reduce the ability to construct a car wash,
which impacts the property rights of the owners. The strict
application of the standards would also result in an impact to
the vacuum station area and internal circulation pattern of
the site, which would make the car wash unfeasible at this
location. Therefore, the granting of the variance is
necessary for the preservation and enjoyment of substantial
property rights and will preserve the property owners right to
develop a vacant and underutilized properties with a use that
is allowed in the zoning district and will assist in revitalizing
the area, which preserves the property owners right to
upgrade and develop their property.
3. That the granting of a variance will not be materially detrimental to
the public welfare or injurious to surrounding property.
The granting of the variance will not be detrimental to the
public or surrounding properties as the building and site
have been designed to comply with all applicable
development standards except for the landscape and height
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setbacks. The new building and related site improvements
such as new landscaping will enhance this property as well as
the surrounding properties. The proposed building has been
designed to minimize operational impacts to surrounding
properties, including the adjacent residential properties,
through site design and conditions of approval. The project
site has been previously used as a service station, auto repair
and as a commercial building, which met none of the City's
development standards. The site's lot size has constrained
its development opportunities and the relatively deteriorated
nature of the surrounding properties also constrained the
property's marketability. The proposed project will make a
substantial capital investment with the construction of a high
quality building and significant on and off-site improvements,
thereby improving the surrounding properties
4. That the granting of a variance will not adversely affect the General
Plan of the City.
The project will not adversely affect the general plan as the
proposed car wash use is a permitted use in the General
Commercial land use designation. In addition, the project is
consistent with several goals and policies of the General
Plan. Goal 1 of the Land Use Element encourages uses that
promote a balance of land uses that address basic
community needs, Goal 3 supports projects that improve the
character and integrity of neighborhoods, and Goal 5
ensures that the impacts of development are mitigated.
Policy 1.10 encourages the location of commercial uses at
arterial roadway intersections in commercial districts, Policy
2.2 supports commercial land uses in adequate amounts to
accommodate the City's needs for services, Land Use
Element Policy 2.8 promotes the rehabilitation of commercial
properties and encourages increased levels of capital
investment, Policy 2.10 supports new development which is
harmonious in scale and character with existing
development in the area, and Urban Design Element Policy
1.5 encourages projects that include enhanced architectural
forms, textures, colors and materials. The car wash facility
is consistent with these goals and policies and has been
designed to provide architectural and visual interest to the
site and adjacent community. The project will also
incorporate a generous amount of enhanced landscaping
along both the Westminster Avenue and Newhope Street
frontages and throughout the site.
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H. In accordance with the California Environmental Quality Act the
recommended action is exempt from further review per Section 15332.
This Class 32 exemption allows infill development provided they are
consistent with the zoning and General Plan, are on a project site of no
more than five acres surrounded by urban uses, do not have any noise or
traffic impacts, and can be served by existing utilities.
The car wash facility is a new, small facility that has been found by the
City's development review agencies to not create any adverse impacts.
The facility is proposed to be located on a site that is not designated by
federal, state, or local agencies to be an environmental resource of
hazardous or critical concern. The cumulative impact of this project will
not be significant as there are no other similar car wash facilities currently
on or near the site, the property is already served by roads and utilities,
and will not create any adverse impacts such as noise, traffic, or safety
concerns. There is no reasonable possibility that the project will have a
significant effect on the environment due to unusual circumstances. The
project is not located within a highway officially designated as a state
scenic highway and will not result in damage to scenic resources. The
project is not located on a site which is included on any list compiled
pursuant to Section 65962.5 of the Government Code. Lastly, the project
is not proposed on a site that is considered a historical resource or that is
listed in the Santa Ana Register of Historic Properties. As a result,
Categorical Exemption Environmental Review No. 2016-20 will be filed for
this project.
Section 2. 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 3. The Planning Commission of the City of Santa Ana after conducting
the public hearing hereby approves Conditional Use Permit No. 2016-36 as conditioned
in Exhibit A attached hereto and incorporated herein, and Variance No. 2016-07 as
conditioned in Exhibit B attached hereto and incorporated herein, for the project located
at 4412 Westminster 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 October 24, 2016, and exhibits attached thereto; and, the
Request for Planning Commission Action dated November 28, 2016, and exhibits
attached thereto; and, the public testimony, written and oral, all of which are
incorporated herein by this reference.
Resolution No. 2016-41
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ADOPTED this 28th day of November, 2016.
AYES: Commissioners: Alderete, Bacerra, Bauer, McLoughlin, Mendoza, Verino
(6)
NOES: Commissioners: None (0)
ABSENT: Commissioners: None (0)
ABSTENTIONS: Commissioners: Gartner (1)
Lynnette Verino
Chairperson
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
Bv:
Lisa Storck
Assistant City Attorney
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, ROSA BARELA, Acting Recording Secretary, do hereby attest to and certify the
attached Resolution No. 2016-41 to be the original resolution adopted by the Planning
Commission of the City of Santa Ana on November 28, 2016.
Date:
Acting Recording Secretary
City of Santa Ana
31A-30
Resolution No. 2016-41
Page 7 of 11
EXHIBIT A
Conditions of Approval
Conditional Use Permit No. 2016-36 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 Code and all other applicable regulations.
The applicant must comply in full with each and every condition listed belowrip 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.
1. All proposed site improvements must conform to the Site Plan Review approval
of DP No. 2015-66.
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 the conditional use permit
must be amended.
3. Prior to approval of Certificate of Occupancy, all on-site improvements shall be
made in accordance with the submitted plans.
4. Hours of operation shall be limited to 7:00 a.m. to 9:00 p.m. seven days a week.
5. Roll -up doors shall be provided to 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. Prior to approval of Certificate of Occupancy, all on-site signage including
directional signage shall be submitted for review and approval and shall be
under separate permit.
8. On-site employees shall be responsible for the removal of all litter and trash
from the site each day.
9. Inoperable or malfunctioning equipment shall be repaired or replaced in a
timely manner.
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10. 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 Division for review and subject to the approval of the
Planning Manager.
11. Prior to submittal into building plan check, a final landscape plan shall be
submitted for review and approval. The landscape plan shall incorporate an
increase in sizes of the landscape palette to 24 -inch box trees, 15 -gallon
shrubs and 5 -gallon ground cover. In addition, vines and Italian Cypress
Trees shall be planted on the mobile home side (south) of the block wall that
will be built to separate the car wash from the mobile home park.
12. There shall be no overnight parking of vehicles on site.
13.There shall be no exposed neon lighting of any kind on either the building,
parking lot canopies or in the windows.
14. Customer restrooms shall be locked during all non-operating hours.
15.There shall be no outdoor speakers or any other sound amplifying devices
installed on the site.
16. Prior to issuance of building permits, a voluntary lot merger shall be applied
for, be approved and be recorded with the County Recorder's office.
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EXHIBIT B
Conditions of Approval
Variance No. 2016-07 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 Code and all other
applicable regulations.
The applicant must comply in full with each and every condition listed belowrip or to
exercising the rights conferred by this variance.
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 variance.
1. All proposed site improvements must conform to the Site Plan Review approval
of DP No. 2015-66.
2. Any amendment to this variance must be submitted to the Planning Division
for review. At that time, staff will determine if administrative relief is available
or the variance must be amended.
3. Prior to approval of Certificate of Occupancy, all on-site improvements shall be
made in accordance with the submitted plans.
4. Hours of operation shall be limited to 7:00 a.m. to 9:00 p.m. seven days a week.
5. Roll -up doors shall be provided to 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. Prior to approval of Certificate of Occupancy, all on-site signage including
directional signage shall be submitted for review and approval and shall be
under separate permit.
8. On-site employees shall be responsible for the removal of all litter and trash
from the site each day.
9. Inoperable or malfunctioning equipment shall be repaired or replaced in a
timely manner.
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10. Prior to submittal into building plan check, a final landscape plan shall be
submitted for review and approval. The landscape plan shall incorporate an
increase in sizes of the landscape palette to 24 -inch box trees, 15 -gallon
shrubs and 5 -gallon ground cover.
11. Landscaping, once installed, shall be maintained per the approved landscape
plan. After project occupancy, landscaping is to be maintained to include the
minimum level of plant materials installed at the time of occupancy and per the
approved plan.
12. The required trees shall be upgraded to 24 -inch boxed size and shrubs shall be
upgraded to 5 -gallon size throughout the project.
13. Vine pockets shall be planted on the block wall that is located on the south
property lines. In addition, vines and Italian Cypress Trees shall be planted on
the mobile home side of the block wall that will be built to separate the car
wash from the mobile home park.
14. There shall be no overnight parking of vehicles on site.
15.There shall be no exposed neon lighting of any kind on either the building,
parking lot canopies or in the windows.
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.
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