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HomeMy WebLinkAboutRESO 2016-41_4412 Westminster Ave (Two Thumbs Up Car Wash)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 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 Page 2 of 11 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: Resolution No. 2016-41 Page 3 of 11 1. That because of special circumstances applicable to the subject 4 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 Resolution No. 201641 Page 4 of 11 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. Resolution No. 2016-41 Page 5 of 11 H. In accordance with the California Environmental Quality Act the recommended action is exempt from further review per Section 15332. w 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. 201641 Page 6 of 11 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) V �}o Ly nette Verino Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By��t c 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: i 14 8 P � C� �v Acting Recording Secretary City of Santa Ana 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. Resolution No. 2016-41 Page 8 of 11 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. Resolution No. 2016-41 Page 9 of 11 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. Resolution No. 201641 Page 10 of 11 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. Resolution No. 2016-41 Page 11 of 11