Loading...
Resolution-PC 2012-078RESOLUTION NO. PC2012 -078 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION APPROVING CONDITIONAL USE PERMIT NO. 2012-05624 AND VARIANCE NO. 2012 -04902 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2012- 00085) (1584 WEST KATELLA AVENUE) WHEREAS, the Planning Commission of the City of Anaheim (hereinafter referred to as the " PIanning Commission ") did receive a verified Petition for Conditional Use Permit No. 2012- 05624 and Variance No. 2012 -04902 to construct a new coin - operated, self -serve car wash facility (the "Project ") with a variance from front setback requirements and fewer parking spaces than required by the Anaheim Municipal Code (herein referred to as the "Code ") for certain real property located at 1584 West Katella Avenue in the City of Anaheim, County of Orange, State of California, as more particularly described on Exhibit A, attached hereto and incorporated herein by this reference (the "Property "); and WHEREAS, the Property, consisting of approximately 0.23- acres, is developed with a vacant office building. The Property is located in the General Commercial (C -G) Zone. The Anaheim General Plan designates the Property for General Commercial land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on November 5, 2012 at 5:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of Chapter 18.60 of the Code, to hear and consider evidence for and against said proposed conditional use permit to investigate and make findings and recommendations in connection therewith; and WHEREAS, as the lead agency under the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as "CEQA "), the Planning Commission finds and determines that the proposed project is within that class of projects which consists of the construction of a limited number of new, small facilities or structures, which would include a commercial building not exceeding 2,500 square feet in floor area, and that, therefore, pursuant to Section 15303 of Title 14 of the California Code of Regulations, the proposed project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and WHEREAS, the Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing with respect to the request to permit the Project on the Property does find and determine the following facts: 1. The proposed use is properly one for which a conditional use permit is authorized by the General Commercial (C -G) zone, subject to the approval of Variance No. 2012 -04902 and the conditions of approval. 1 - PC2012 -078 2. The proposed use will not adversely affect the adjoining land uses, or the growth and development of the area in which it is proposed to be located because the project has been designed so as to minimize impacts on adjacent properties; this would include sound attenuating features contained within the vacuum equipment to minimize noise impacts on the residential properties to the south. 3. The size and shape of the site is adequate to allow the full development of the proposed use, in a manner not detrimental to either the particular area or health and safety because the site can accommodate the parking, traffic flows, and circulation without creating detrimental effects on adjacent properties. 4. The traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the vehicular circulation is designed to minimize impacts on the surrounding neighborhood because cars will enter the facility from Katella Avenue and exit through an existing driveway on Bayless Street. 5. The granting of the conditional use permit under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim because the project has been designed to minimize impacts on the surrounding neighborhood. WHEREAS, the Planning Commission does further find and determine that the variance request from setback requirements and fewer parking spaces than required by the Code should be approved for the following reasons: (a) SECTION NO. 18.08.060.010 Minimum landscaped setback. (15 feet required; 10 feet proposed) (b) SECTION NO. 18.42.040.010 Minimum number of parking spaces. (16 spaces required; 7 spaces proposed) 1. That the variance, under the conditions imposed, if any, will not cause fewer off - street parking spaces to be provided for the proposed use than the number of such spaces necessary to accommodate all vehicles attributable to such use under the normal and reasonably foreseeable conditions of operation of such use because it was determined that seven spaces would be sufficient based on staff's observations of similar car wash facilities, as well as detailed operational information provided by the applicant. 2. That the variance, under the conditions imposed, if any, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the proposed use because the on -site parking will adequately accommodate the parking demands of the car wash facility. 2 PC2012 -078 3. That the variance, under the conditions imposed, will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed use because most self serve car wash customers typically park on -site for a short period of time, dry their vehicles in the wash bays, and leave the facility without drying or vacuuming their vehicles. 4. That the variance, under the conditions imposed, if any, will not increase traffic congestion within the off- street parking areas or lots provided for the proposed use because the project site will provide adequate ingress and egress points to the Property and will be designed to allow for adequate on -site circulation. 5. That the variance, under the conditions imposed, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use because the project will provide ingress or egress access points that are designed to allow for adequate on -site circulation. 6. That there are special circumstances applicable to the Property, including size, shape, location and surroundings, which do not apply to other property under the identical zoning classification in the vicinity of the proposed Project that result in limited and inefficient use of the Property if it were developed in conformance with development standards. 7. That, because of these special circumstances, strict application of the Zoning Code deprives the Property of privileges enjoyed by other property under the identical zoning classification in the vicinity since the Property has a shallow lot depth as compared to other commercial properties located on a Major Arterial Highway. NOW THEREFORE BE IT RESOLVED that the Anaheim City Planning Commission does hereby approve Conditional Use Permit No. 2012 -05624 and Variance No. 2012 -04902 subject to the conditions of approval described in Exhibit `B" attached hereto and incorporated by this reference which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. BE IT FURTHER RESOLVED, that this permit is approved without limitations on the duration of the use. Amendments, modifications and revocations of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City - Initiated Revocation or Modification of Permits) of the Anaheim Municipal Code. BE IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. - 3 - PC2012 -078 BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice. Failure to pay all charges shall result in the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of November 5, 2012. Said Resolution is subject to the appeal provisions set forth in Chapter 18.60 of the Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. A'I'I'EST: SENIOR S RETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) CHAIR, ANAHEIM CITY PLANNING COMMISSION I, Grace Medina, Senior Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on November 5, 2012, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, BOSTWICK, FAESSEL, LIEBERMAN, PERSAUD RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 5 day of November, 2012. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION 4 - PC2012 -078 EXHIBIT "A" DEV NO. 2012 -00085 APN: 090 - 621 -05 I I J J J W DUDLEY AVE 0 = -o 130 Feet W KATELLA AVE Source: Recorded Tract Maps and /or City GIS. Please note the accuracy is +/- two to five feet. 00000 -5 PC2012 -078 NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY PRIOR TO ISSUANCE OF A BUILDING PERMIT 1 Trash storage areas shall be provided and maintained in a location acceptable to the Public Works Department and in accordance with approved plans on file with said Department. Said storage areas shall be designed, located and screened so as not to be readily identifiable from adjacent streets. The walls of the storage areas shall be protected from graffiti opportunities by the use of plant materials such as minimum one - gallon size clinging vines planted on maximum three -foot centers or tall shrubbery. Public Works - Sanitation 2 An unsubordinated restricted covenant providing shared access, parking, and sanitation facilities between the three contiguous properties located at 1576 West Katella Avenue, 1584 West Katella Avenue, and 1814 South Bayless Street shall be submitted to the Planning Department in a form satisfactory to the City Attorney, and shall be recorded with the Office of the Orange County Recorder. A copy of the covenant shall then be submitted to the Planning Department. The covenant shall be referenced in all deeds transferring all or any part of the interest in the property. Planning 3 All plumbing or other similar pipes and fixtures located on the exterior of the building shall be fully screened by architectural devices and /or appropriate building materials. Said information shall be specifically shown on the plans submitted for building permits. Planning 4 Locations for future above - ground utility devices including, but not limited to, electrical transformers, water backflow devices, gas, communications and cable devices, etc., shall be shown on plans submitted for building permits. Plans shall also identify the specific screening treatments of each device (i.e. landscape screening, color of walls, materials, identifiers, access points, etc.) and shall be subject to the review and approval of the appropriate City departments. Planning 5 All backflow equipment shall be located above ground outside of the street setback area in a manner fully screened from all public streets. Any backflow assemblies currently installed in a vault shall be brought up to current standards. Any other large water system equipment shall be installed to the satisfaction of the Water Engineering Division in either underground vaults or outside of the street setback areas in a manner fully screened from all public streets and alleys. Said information shall be shown on plans and approved by Water Engineering and the Cross Connection Control Inspector before submittal for building permits. Planning EXHIBIT `B" CONDITIONAL USE PERMIT NO. 2012-05624 AND VARIANCE NO. 2012-04902 (DEV2012- 00085) 6 - PC2012 -078 6 Any required relocation of City electrical facilities shall be provided. Landscape and /or hardscape screening of all pad- mounted equipment shall be required and shall be shown on plans submitted for building permits. Public Utilities - Electrical 7 Electric system plans, electrical panel drawings, site plans, elevation plans, and related technical drawings and specifications shall be submitted to the Electrical Engineering Division of the Public Utilities Department to establish electrical service. Public Utilities - Electrical 8 A Water Quality Management Plan (WQMP), as described in Drainage Area Management Plan for Orange County, shall be submitted to the Building Division for review and approval. Said WQMP shall: • Address Site Design Best Management Practices (BMPs) such as minimizing impervious areas, maximizing permeability, minimizing directly connected impervious areas, creating reduced or "zero discharge" areas, and conserving natural areas. • Incorporate applicable Routine Source Control BMPs. • Incorporate Treatment Control BMPs. Describe the long -term operation and maintenance, identifies the responsible parties, and funding mechanisms for the Treatment Control BMPs. Building 9 The WQMP shall: • Demonstrate that all structural BMPs described in the Project WQMP have been constructed and installed in conformance with approved plans and specifications. • Demonstrate that the property owner /developer is prepared to implement all non - structural BMPs described in the Project WQMP. • Demonstrate that an adequate number of copies of the approved Project WQMP are available on site. Submit for review and approval by the City an Operation and Maintenance Plan for all structural BMPs. Building 10 All requests for new water services or fire lines, as well as any modifications, relocations, or abandonment of existing water services and fire lines, shall be coordinated through Water Engineering Division of the Anaheim Public Utilities Department. Public Utilities - Water 11 All existing water services and fire lines shall conform to current Water Utility Standards. Any existing water services that are not approved by the Utility for continued use shall be upgraded to current standards or abandoned. If the existing services are no longer needed, they shall be abandoned. Public Utilities - Water 12 A water system master plan, including a hydraulic distribution network analysis, shall be submitted for Public Utilities Water Engineering review and approval. The master plan shall demonstrate the adequacy of the proposed on -site water system to meet the project's water demands and fire protection requirements. Public Utilities - Water -7 PC2012 -078 13 Since this project has a common landscaping area exceeding 2,500 square feet, a separate irrigation meter shall be installed and shall comply with City Ordinance No. 5349 and Chapter 10.19 of the Anaheim Municipal Code. Said information shall be shown on plans submitted for building permits. Public Utilities - Water 14 A detailed water usage analysis and building plans shall be submitted for Public Utilities Water Engineering review and approval in determining the adequacy of the existing water system to meet the project's water requirements. Any system improvements shall be done in accordance with Rule No. 15A.6 of the water utility's Rates, Rules and Regulations. Public Utilities - Water 15 Improvement plans shall be submitted for Public Utilities Water Engineering review and approval in determining the conditions necessary for providing water service to the project. Public Utilities - Water 16 Water improvement plans shall be submitted to the Water Engineering Division for approval and a performance bond in the amount approved by the City Engineer, and in a form approved by the City Attorney, shall be posted with the City of Anaheim. Public Utilities - Water 17 Owner shall submit to the Public Works Department, Development Services Division, street, landscape, and drainage improvement plans to improve Bayless Street. Prior to approval of the plans, improvement bonds shall be posted in an amount approved by the City Engineer and in a form approved by the City Attorney's office. The improvements shall be constructed prior to final building and zoning inspections. Public Works - Development Services 18 Fire lanes shall be posted with "No Parking Any Time ". Said information shall be specifically shown on plans submitted for building permits. Fire GENERAL 19 Granting of the parking variance is contingent upon operation of this facility in conformance with the assumptions and/or conclusions relating to the operation and intensity of the uses as described in the parking letter dated October 4, 2012 prepared by the applicant, which formed the basis for approval of said variance. Exceeding, violating, intensifying or otherwise deviating from any of said assumptions and/or conclusions, as contained in the parking Ietter, may subject this variance to termination pursuant to the provisions of Chapter 18.60 - Procedures of the Anaheim Municipal Code. Planning 20 No required parking area shall be fenced or otherwise enclosed for outdoor storage. Code Enforcement 21 The self serve car wash facility shall not be open between the hours of 10:30 p.m. and 6:00 a.m., daily. Code Enforcement -8 PC2012 -078 22 Any tree planted on -site shall be replaced in a timely manner in the event Code that it is removed, damaged, diseased and/or dead. That the property shall be permanently maintained in an orderly fashion by providing regular landscape maintenance, removal of trash or debris, and removal of graffiti within twenty four (24) hours from time of discovery. Enforcement 93 The property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department marked Exhibit No. 1 Planning (Cover), Exhibit No. 2 (Photos), Exhibit No. 3 (Site Plan), Exhibit No. 4 (Floor Plan), and Exhibit No. 5 (Elevations), and as conditioned herein. 9 PC2012 -078