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RES-2017-050RESOLUTION NO. 2017-050 A RESOLUTION OF THE CITY COUNCIL 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 City of Anaheim 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 "I" 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, 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 Proposed Project on the Property, the Planning Commission adopted Resolution No. PC2017-015 approving the Proposed Project including Conditional Use Permit No. 2016-05866; and WHEREAS, on February 2, 2017, an appeal of the Planning Commission's action, was filed and the City Council did hold a separate public hearing at the Civic Center in the City of Anaheim on March 7, 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 1 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 WHEREAS, 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 City Council, 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 2 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 City Council 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 City Council expressly 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 effects of the Proposed Project 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 BE IT FURTHER RESOLVED that the City Council 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 City Council 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 3 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 is approved and adopted by the City Council of the City of Anaheim this 7thday of March , 2017, by the following roll call vote: AYES: Mayor Tait and Council Members Vanderbilt, Murray, Barnes, Moreno, Kring, and Faessel NOES: None ABSENT: None ABSTAIN: None ATTEST: "JI A��L CITY CLERK OF TRE CtT—Y—QfF ANAHEIM 121009v2/LHM S CITY OF ANAHEIM MAYOR OF THE CITY OF ANAHEIM EXHIBIT "A" DEV NO. 2016-00025 EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2016-05866 (DEV2016-00025) RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT PA[0A TO ISS UA NCE OF i'E�tM�7hS' 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 Public Works Department, shall be less than or equal to the existing pre -development storm event Development run-off. No off-site run-off shall be blocked during and after grading Services Division operations or perimeter wall construction. Finish floor elevations shall be 1 -ft. minimum above water surface elevations of 100 -year storm event. 3 The final Water Quality Management Plan (WQMP) shall be submitted Public Works Department, for review and approval to Public Works Development Services and Development comply with the most current requirements of the Orange County Services Division Drainage Area Management Plan (DAMP). 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 public Works Department, in -lieu of an Encroachment Agreement is required to be executed, Development approved by the City and recorded by the applicant on the property for Services Division any new private storm drains connecting to the City storm drain facilities. RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT 6 An Encroachment Permit from Caltrans shall be obtained for all work public Works Department, performed in Caltrans easements. Development Services Division P"OR, TO ISSUANCE OF'BUILDVW PERMIT,S . 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, City Council. 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 Water Engineering Division outside of the street setback area in a manner fully screened from all public streets and alleys. Said information shall be specifically 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 Water Engineering and permitted through Water Engineering Division of the Anaheim Public Utilities Department. 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 Public Utilities, hydrants, including a five (5) -foot wide easement around the fire Water Engineering 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 RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT the Water Engineering Division. The easements shall be granted on the Water Engineering Division of the Public Utilities Department's standard water easement deed. The easement deeds shall include language that requires the Owner to be responsible for restoring any 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 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. Water Engineering 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 Water Engineering information will be used to determine the adequacy of the existing water system to provide the estimated water demands. Any off-site water 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 owner/developer shall coordinate with Electrical Engineering to Public Utilities, establish electrical service requirements and submit electric system Electrical plans, electrical panel drawings, site plans, elevation plans, and related Engineering technical drawings and specifications. 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 Electrical shown on the approved utility service plan. 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. Electrical Engineering RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT PRIOR TO FINAL BUILDING AND, ZONING INSPECT'IONS r; 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 Division Services Inspector. 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 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 Police Department RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT tubular steel, should be utilized to maximize natural surveillance while 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, 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 presence of any person on or about the premises during the hours of darkness and provide a safe, secure environment for all person, property, and vehicles on-site. All exterior doors shall have their own light source, which shall adequately illuminate door areas at all hours to Planning and make clearly visible the presence of any person on or about the premises Building, and provide adequate illumination for persons exiting the building. Planning Division 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, 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, shown on the plans submitted for building permits. Planning Division 4N- VGI)tT 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, carwash facility maintains a high quality appearance. Planning Division RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT 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 police Department the street. Number should be illuminated during hours of darkness. 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, Code over within 24 hours of being applied. Enforcement 39 The applicant shall be responsible for maintaining the premises in an Planning and orderly fashion through the provision of regular maintenance and Building, removal of trash or debris. All proposed landscaping shall be planted Planning and permanently maintained in a manner consistent with the approved Division/Code landscaping plan to ensure a high-quality aesthetic appearance. Enforcement 40 The use of the vacuum equipped stalls shall not be limited to customers Planning and vacuuming their cars. Building, Planning Division 41 No required parking area shall be fenced or otherwise enclosed for Planning and outdoor storage. Building, 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 Planning and subject to review and approval by the Planning Director to determine Building, substantial conformance with the Letter of Operation and to ensure compatibility with the surrounding uses. The facility shall operate from Planning Division 8:00 a.m. to 8:00 p.m. seven days a week. All wash equipment and vacuums will be shut off at the end of the day 8:00 p.m. The hours of RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT 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 sanitary sewer mains and laterals Public Utilities, Water Engineering • 5 -feet minimum separation from all other utilities, including storm drains, gas, and electric • 10 -feet minimum from trees, structural footings, and above ground structures. 44 No public water mains or laterals allowed under parking stalls or Public Utilities, parking lots. Water Engineering 45 The Applicant shall defend, indemnify, and hold harmless the City and its officials, officers, employees and agents (collectively referred to individually and collectively as "Indemnitees") from any and all claims, actions or proceedings brought against Indemnitees to attack, review, set aside, void, or annul the decision of the Indemnitees concerning this permit or any of the proceedings, acts or determinations taken, done, or Planning and Building, made prior to the decision, or to determine the reasonableness, legality Planning Services 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, 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 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, petitioner, which plans are on file with the Planning Department, and as Planning Services NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT conditioned herein. CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LINDA ANDAL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Resolution No. 2017-050 adopted at a regular meeting provided by law, of the Anaheim City Council held on the 7th day of March, 2017, by the following vote of the members thereof: AYES: Mayor Tait and Council Members Vanderbilt, Murray, Barnes, Moreno, Kring and Faessel NOES: None ABSTAIN: None ABSENT: None IN WITNESS WHEREOF, I have hereunto set my hand this 9th day of March, 2017. CITY CLERK OF THE CITY OF ANAHEIM (SEAL)