Resolution-PC 2017-015RESOLUTION NO. PC2017-015
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE
PERMIT NO. 2016-05866 AND MAKING CERTAIN
FINDINGS IN CONNECTION THEREWITH
(DEV2016-00025)
(203 NORTH EUCLID STREET)
WHEREAS, the Planning Commission of the City of Anaheim (the "Planning
Commission") did receive a verified petition for Conditional Use Permit No. 2016-05866 for the
construction of an automotive washing facility (the "Proposed Project") for premises located at
203 North Euclid Street in the City of Anaheim, County of Orange, State of California, as
generally depicted on the map attached hereto as Exhibit A and incorporated herein by this
reference (the "Property"); and
WHEREAS, Conditional Use Permit No. 2016-05866 is proposed in conjunction with
Reclassification No. 2016-00299 and Tentative Parcel Map No. 2016-192, now pending, which,
together with the Project, shall be referred to herein collectively as the "Proposed Project".
WHEREAS, the Property is approximately 0.92 -acres in size and is designated as
Industrial in the Anaheim General Plan Land Use Element. The Property, of which a portion is
currently zoned "C -G" General Commercial, will be reclassified under Reclassification No.
2016-00299, and entirely be within the "P' Industrial Zone. As such, the Property is subject to
the zoning and development standards described in Chapter 18.10 (Industrial Zone) of the Code;
and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on January 23, 2017 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 the Proposed Project, including, specifically,
Conditional Use Permit No. 2016-05866, and to investigate and make findings and
recommendations in connection therewith; and
WHEREAS, pursuant to and in accordance with the provisions of the California
Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as
"CEQA"), the State of California Guidelines for the Implementation of the California
Environmental Quality Act (commencing with Section 15000 of Title 14 of the California Code
of Regulations; herein referred to as the "CEQA Guidelines"), and the City's Local CEQA
Procedure Manual, the City is the "lead agency" for the preparation and consideration of
environmental documents for the Proposed Project; and
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WHEREAS, the Planning Commission also finds and determines that the effects of the
proposed construction of a new carwash facility are typical of those generated within that class
of projects (i.e., Class 3 — New Construction or Conversion of Small Structures) which consists
of the construction and location of limited numbers of new, small facilities or structures. Section
15303 of the CEQA Guidelines provides examples of projects that qualify for an exemption from
the provisions of CEQA, one of which being the construction of commercial buildings not
exceeding 10,000 square feet in floor area on sites zoned for such use if not involving the use of
significant amounts of hazardous substances where all necessary public services and facilities are
available and the surrounding area is not environmentally sensitive. 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 request to construct an automotive washing facility is an allowable
use within the "I" Industrial Zone under subsection .010 of Section 18.10.030.010 (Uses) of
Chapter 18.10 (Industrial Zones) of the Code, subject to a conditional use permit and the zoning
and development standards of the "I" Industrial Zone; and
2. The proposed request to permit the construction of an automotive washing facility
would 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 Proposed Project will improve the aesthetics of the
improvements on the Property and the overall appearance of the project site, and would not have
an adverse effect on adjacent industrial and commercial uses; and
3. The size and shape of the site is adequate to allow the full development of the
Proposed Project 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; and
4. The traffic generated by the Proposed Project would not impose an undue burden
upon the streets and highways designed and improved to carry the traffic in the area because the
traffic generated by the Proposed Project will not exceed the anticipated volumes of traffic on the
surrounding streets and adequate parking will be provided to accommodate the future uses; and
5. The granting of the conditional use permit will not be detrimental to the health
and safety of the citizens of the City of Anaheim because the Proposed Project would
significantly improve the overall appearance of the project site, and is compatible with the
surrounding area, subject to compliance with the conditions contained herein; and
WHEREAS, the Planning Commission determines that the evidence in the record
constitutes substantial evidence to support the actions taken and the findings made in this
Resolution, that the facts stated in this Resolution are supported by substantial evidence in the
record, including testimony received at the public hearing, the staff presentations, the staff report
and all materials in the project files. There is no substantial evidence, nor are there other facts,
that detract from the findings made in this Resolution. The Planning Commission expressly
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declares that it considered all evidence presented and reached these findings after due
consideration of all evidence presented to it.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby
approve Conditional Use Permit No. 2016-05866, contingent upon and subject to the conditions
of approval set forth in Exhibit B attached hereto and incorporated herein by this reference,
which are hereby found to be a necessary prerequisite to the proposed use of the 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 Code. Timing for compliance with conditions of approval may be
amended by the Planning and Building Director upon a showing of good cause provided (i)
equivalent timing is established that satisfies the original intent and purpose of the condition(s),
(ii) the modification complies with the Code, and (iii) the applicant has demonstrated significant
progress toward establishment of the use or approved development.
BE IT FURTHER RESOLVED, that any amendment, modification or revocation 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 Code.
BE IT FURTHER RESOLVED that the Planning Commission does hereby find and
determine that adoption of this Resolution is expressly predicated upon applicant's compliance
with each and all of the conditions hereinabove set forth. Should any such condition, or any part
thereof, be declared invalid or unenforceable by the final judgment of any court of competent
jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and
void.
BE IT FURTHER RESOLVED that approval of this application constitutes approval of
the proposed request only to the extent that it complies with the 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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
January 23, 2017. Said resolution is subject to the appeal provisions set forth in Chapter 18.60
(Procedures) of the Anaheim Municipal Code pertaining to appeal procedures and may be
replaced by a City Council Resolution in the event of an appeal.
CHAIRPERSON, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
ATTEST:
IV,�,
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning
Commission of the City of Anaheim held on January 23, 2017, by the following vote of the
members thereof.-
AYES:
hereof:
AYES: COMMISSIONERS: BOSTWICK, CALDWELL, CARBAJAL, DALATI,
HENNINGER, LIEBERMAN, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
2017.
IN WITNESS WHEREOF, I have hereunto set my hand this 23rd day of January,
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT "A"
DEV NO. 2016-00025
APN: 072-101-62
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EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2016-05866
(DEV2016-00025)
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RESPONSIBLEDEPARTMENT
NO.
CONDITIONS OF APPROVAL
PRIOR TO ISSUANCE OF GRADING PERMITS
1
The project's Final Grading Plans, Soils Report, and Drainage Report
Public Works Department,
shall be submitted for review and approval to the Development Services
Development Services
Division.
Division
2
The developer shall submit project improvement plans that incorporate
the required drainage improvements and the mechanisms proposed in
the approved Drainage Report. Post -development storm event run-off
shall be less than or equal to the existing pre -development storm event
Public Works Department,
run-off. No off-site run-off shall be blocked during and after grading
Development
operations or perimeter wall construction. Finish floor elevations shall
Services Division
be 1 -ft. minimum above water surface elevations of 100 -year storm
event.
3
The final Water Quality Management Plan (WQMP) shall be submitted
for review and approval to Public Works Development Services and
Public Works Department,
comply with the most current requirements of the Orange County
Development
Drainage Area Management Plan (DAMP).
Services Division
4
If more than one acre of soil will be disturbed, the applicant shall
demonstrate that coverage has been obtained under California's General
Permit for Stormwater Discharges Associated with Construction
Activity by providing a copy of the Notice of Intent (NOI) submitted to
Public Works Department,
the State Water Resources Control Board and a copy of the subsequent
Development
notification of the issuance of a Waste Discharge Identification (WDID)
Services Division
Number. The applicant shall prepare and implement a Stormwater
Pollution Prevention Plan (SWPPP). A copy of the current SWPPP shall
be kept at the project site and be available for City review upon request.
5
Prior to issuance of the grading permit and right-of-way construction
permit for the storm drain improvements, a Save Harmless agreement
in -lieu of an Encroachment Agreement is required to be executed,
Public Works Department,
approved by the City and recorded by the applicant on the property for
Development
any new private storm drains connecting to the City storm drain
Services Division
facilities.
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RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
6
An Encroachment Permit from Caltrans shall be obtained for all work
performed in Caltrans easements.
public Works Department,
Development
Services Division
PRIOR TO ISSUANCE OF BUILDING PERMITS
7
The final map shall be submitted to and approved by the City of
Anaheim Department of Public Works and the Orange County Surveyor
Public Works Department,
for technical review and ensure that all applicable conditions of
Development
approval have been complied with and then shall be filed in the Office
Services Division
of the Orange County Recorder.
8
Final detailed landscape and irrigation plans submitted for Planning
Planning and
staff review and approval shall reflect the site plan as approved by the
Building Department,
Planning Commission.
Planning Division
9
All backflow equipment shall be located above ground outside of the
street setback area in a manner fully screened from all public streets and
alleys. Any backflow assemblies currently installed in a vault will have
to be brought up to current standards. Any other large water system
Public Utilities
equipment shall be installed to the satisfaction of the Water Engineering
Department,
Division outside of the street setback area in a manner fully screened
Water Engineering
from all public streets and alleys. Said information shall be specifically
Division
shown on plans and approved by Water Engineering and Cross
Connection Control Inspector.
10
All requests for new water services, backflow equipment, or fire lines,
as well as any modifications, relocations, or abandonments of existing
Public Utilities
water services, backflow equipment, and fire lines, shall be coordinated
Department,
and permitted through Water Engineering Division of the Anaheim
Water Engineering
Public Utilities Department.
Division
11
The Owner shall irrevocably offer to dedicate to the City of Anaheim (i)
an easement for all large domestic above -ground water meters and fire
hydrants, including a five (5) -foot wide easement around the fire
hydrant and/or water meter pad. (ii) a twenty (20) foot wide easement
for all water service mains and service laterals all to the satisfaction of
the Water Engineering Division. The easements shall be granted on the
Public Utilities
Water Engineering Division of the Public Utilities Department's
Department,
standard water easement deed. The easement deeds shall include
Water Engineering
language that requires the Owner to be responsible for restoring any
Division
special surface improvements, other than asphalt paving, including but
not limited to colored concrete, bricks, pavers, stamped concrete,
decorative hardscape, walls or landscaping that becomes damaged
during any excavation, repair or replacement of City owned water
facilities. Provisions for the repair, replacement and maintenance of all
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RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
surface improvements other than asphalt paving shall be the
responsibility of the Owner and included and recorded in the Master
CC & R's for the project.
12
The car wash shall comply with all state laws and local ordinances for
Water Conservation Measures, including Chapter 10.18 of Anaheim
Public Utilities
Municipal Code and Ordinance relating to Water Reduction provisions.
Department,
Water Engineering
Division
13
The developer/owner shall submit to the Public Utilities Department
Water Engineering Division an estimate of the maximum fire flow rate
Public Utilities
and maximum day and peak hour water demands for the project. This
Department,
information will be used to determine the adequacy of the existing water
Water Engineering
system to provide the estimated water demands. Any off-site water
Division
system improvements required to serve the project shall be done in
accordance with Rule No. 15A.6 of the Water Utility Rates, Rules, and
Regulations.
14
Prior to approval of permits for improvement plans, the property
Public Utilities
owner/developer shall coordinate with Electrical Engineering to
establish electrical service requirements and submit electric system
Department,
Electrical
plans, electrical panel drawings, site plans, elevation plans, and related
technical drawings and specifications.
Engineering Division
15
Prior to connection of electrical service, the legal owner shall provide to
Public Utilities
the City of Anaheim a Public Utilities easement with dimensions as
Department,
shown on the approved utility service plan.
Electrical
Engineering
16
Prior to connection of electrical service, the legal owner shall submit
Public Utilities
payment to the City of Anaheim for service connection fees.
Department,
Electrical
Engineering Division
PRIOR TO FINAL BUILDING AND ZONING INSPECTIONS
17
All required on-site Water Quality Management Plan, sewer, storm
Public Works Department,
drain, and public right of way improvements shall be completed,
Development Services
operational, and are subject to review and approval by the Construction
Services Inspector.
Division
18
The developer shall improve Euclid Way and Lincoln Avenue per the
Public Works Department,
applicable City Standards, the Lincoln Avenue Corridor Master Plan,
Development Services
and as approved by the City Engineer.
Division
19
Curbs adjacent to the drive aisles shall be painted red to prohibit parallel
Public Works Department,
parking in the drive aisles. Red curb locations shall be clearly labeled
Development Services
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RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
on building plans.
Division
20
Building shall be equipped with a comprehensive security surveillance
camera and alarm system (silent or audible) for the following coverage
Police Department
areas:
• High value storage area
• Cash/Coin machine/room
21
Landscaping shall be of the type and situated in locations to maximize
observation while providing the desired degree of aesthetics. Security
Police Department
planting materials are encouraged along fence and property lines.
22
Trees should not be planted close enough to the structure to allow easy
Police Department
access to the roof, or should be kept trimmed to make climbing difficult.
23
Trash enclosures should not block visibility of doors or windows or be
police Department
located close enough to the structure to provide access to the roof.
24
Minimum recommended lighting level in all parking lots is .5 foot-
candle maintained, measured at the parking surface, with a maximum to
Police Department
minimum ratio no greater than 15:1.
25
"No Trespassing 602(k) P.C." posted at the entrances of parking
lots/structures and located in other appropriate places. Signs must be at
police Department
least 2' x F in overall size, with white background and black 2"
lettering.
26
All entrances to parking areas shall be posted with appropriate signs per
22658(a) C.V.C., to assist in removal of vehicles at the property
Police Department
owners/managers request.
27
Whenever possible, open fencing design, such as wrought iron or
tubular steel, should be utilized to maximize natural surveillance while
Police Department
enhancing territorial reinforcement.
28
Parking lot striping shall be provided, per City Standard Detail No. 470.
Planning and
Disabled parking spaces shall be provided in accordance with the
Building Department,
Americans Department with Disabilities Act and City Standard Detail
No. 436-G.
Planning Division
29
Adequate lighting of parking lots, passageways, recesses, and grounds
contiguous to buildings shall be provided with lighting of sufficient
wattage to provide adequate illumination to make clearly visible the
Planning and
presence of any person on or about the premises during the hours of
Building Department,
darkness and provide a safe, secure environment for all person,
Planning Division
property, and vehicles on-site. All exterior doors shall have their own
light source, which shall adequately illuminate door areas at all hours to
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RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
make clearly visible the presence of any person on or about the premises
and provide adequate illumination for persons exiting the building.
Address shall be well lit during hours of darkness. Minimum
recommended lighting level in all parking areas is 0.5 foot-candle
maintained, measured at the parking surface, with a maximum to
minimum ratio no greater than 15:1.
30
Landscaping shall be provided around the above ground large meter or
Planning and
fire service to shield from view of street.
Building Department,
Planning Division
31
All plumbing or other similar pipes and fixtures located on the exterior
of the building shall be fully screened by architectural devices and/or
Planning and
appropriate building materials. Said information shall be specifically
Building Department,
shown on the plans submitted for building permits.
Planning Division
ON-GOING DURING PROJECT OPERATIONS
32
The driveway on Euclid Way closest to Lincoln Avenue shall be one-
Public Works Department,
way inbound only.
Development Services
Division
33
The fabric canopies of the proposed canopy structures shall be
Planning and
perpetually maintained and replaced as needed to ensure that the
Building Department,
carwash facility maintains a high quality appearance.
Planning Division
34
The parking/vacuuming area shall be secured at close of business to
prevent unauthorized parking and overnight camping.
Police Department
35
Address numbers shall be positioned so as to be readily readable from
the street. Number should be illuminated during hours of darkness.
Police Department
36
Monument signs and addresses shall be well lighted during hours of
Police Department
darkness.
37
All exterior doors shall have their own light source, which shall
adequately illuminate door areas at all hours to make clearly visible the
presence of any person on or about the premises and provide adequate
Police Department
illumination for persons exiting the building.
38
Any graffiti painted or marked upon the premises or on any adjacent
Planning and
area under the control of the property owner shall be removed or painted
Building Department,
over within 24 hours of being applied.
Code Enforcement
Division
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RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
39
The applicant shall be responsible for maintaining the premises in an
Planning and
orderly fashion through the provision of regular maintenance and
Building Department,
removal of trash or debris.
Code Enforcement
Division
40
The use of the vacuum equipped stalls shall not be limited to customers
Planning and
vacuuming their cars.
Building Department,
Planning Division
41
No required parking area shall be fenced or otherwise enclosed for
Planning and
outdoor storage.
Building Department,
Planning Division
42
The car wash facility shall be operated in accordance with the Letter of
Operation submitted as part of this application. Any changes to the
business operation as described in the Letter of Operation shall be
subject to review and approval by the Planning Director to determine
substantial conformance with the Letter of Operation and to ensure
Planning and
compatibility with the surrounding uses. The facility shall operate from
Building Department,
8:00 a.m. to 8:00 p.m. seven days a week. All wash equipment and
Planning Division
vacuums will be shut off at the end of the day 8:00 p.m. The hours of
operation may be modified subject to review and approval by the
Planning Director.
GENERAL
43
The following minimum horizontal clearances shall be maintained
between water laterals, above ground meters/backflow prevention
devices and other facilities:
• 10 -feet minimum separation (outside wall -to -outside wall) from
Public Utilities
sanitary sewer mains and laterals
Department, Water
• 5 -feet minimum separation from all other utilities, including storm
Engineering Division
drains, gas, and electric
• 10 -feet minimum from trees, structural footings, and above ground
structures.
44
No public water mains or laterals allowed under
p parking stalls or
Public Utilities
parking lots.
Department,Water
Engineering
Department
45
The Applicant shall defend, indemnify, and hold harmless the City and
Planning and Building
its officials, officers, employees and agents (collectively referred to
Department,
individually and collectively as "Indemnitees") from any and all claims,
Planning Services Division
actions or proceedings brought against Indemnitees to attack, review,
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RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
set aside, void, or annul the decision of the Indemnitees concerning this
permit or any of the proceedings, acts or determinations taken, done, or
made prior to the decision, or to determine the reasonableness, legality
or validity of any condition attached thereto. The Applicant's
indemnification is intended to include, but not be limited to, damages,
fees and/or costs awarded against or incurred by Indemnitees and costs
of suit, claim or litigation, including without limitation attorneys' fees
and other costs, liabilities and expenses incurred by Indemnitees in
connection with such proceeding.
46
The applicant is responsible for paying all charges related to the
processing of this discretionary case application within 30 days of the
Planning and
issuance of the final invoice or prior to the issuance of building permits
Building Department,
for this project, whichever occurs first. Failure to pay all charges shall
Planning Services
result in delays in the issuance of required permits or may result in the
Division
revocation of the approval of this application.
47
The business premises shall be developed substantially in accordance
Planning and
with plans and specifications submitted to the City of Anaheim by the
Building Department,
petitioner, which plans are on file with the Planning Department, and as
Planning Services
conditioned herein.
Division
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