Resolution-PC 2017-049RESOLUTION NO. PC2017-049
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ANAHEIM APPROVING AN AMENDMENT TO
CONDITIONAL USE PERMIT NO. 3667 AND MAKING
CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2016-00089)
(2219 WEST LINCOLN AVENUE)
WHEREAS, on March 7, 1994, and subject to certain conditions of approval, the
City Council of the City of Anaheim, by its Resolution No. 94R-79 approved Conditional
Use Permit No. 3667 (herein referred to as the "Original CUP") to permit an automobile
lube/oil change facility on Parcel No. 1 adjacent to Brookhurst Street and a full service hand
car wash with related retail sales area and a self -serve automated exterior care wash on
Parcel No. 2 adjacent to Lincoln Avenue in the City of Anaheim, County of Orange, State
of California; and
WHEREAS, the City of Anaheim Planning Commission (hereinafter referred to as
the "Planning Commission") did receive a verified petition to amend the Original CUP to
permit the remodel and expansion of an existing automotive washing facility (the "Proposed
Project") located at 2219 West Lincoln Avenue in the City of Anaheim, County of Orange,
State of California, as generally depicted on Exhibit A attached hereto and incorporated
herein by this reference (the "Property"); and
WHEREAS, the Original CUP and Conditional Use Permit No. 3667A shall be
referred to herein collectively as the "CUP". The conditions of approval which were the
subject of the CUP shall be referred to herein collectively as the "Previous Conditions of
Approval"; and
WHEREAS, the Property, approximately 1.58 -acres in size, is currently developed
with an existing self -serve car wash, associated retail area, and automobile lube/oil change
facility. The Property is located within the General Commercial land use designation of the
Anaheim General Plan. The Property is also located in the "C -G" General Commercial
Zone and is subject to the zoning and development standards contained in Chapter 18.08
(Commercial Zones) of the Code; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on May 15, 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
(Procedures) of the Code, to hear and consider evidence for and against the Proposed Project
and the amendment to the CUP, 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 Implementation of the California
Environmental Quality Act (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
- 1 - PC2017 -049
the "lead agency" for the preparation and consideration of environmental documents for the
Proposed Project; and
WHEREAS, the Planning Commission finds and determines that the effects of the
Proposed Project are typical of those generated within that class of projects (i.e., Class 3 —
New Construction) which consists of construction and location of limited numbers of new,
small facilities or structures, and that, therefore, pursuant to Section 15303 of the CEQA
Guidelines, the Proposed Project will not cause a significant effect on the environment and
is, therefore, categorically exempt from the provisions of CEQA; and
WHEREAS, this 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 amend the CUP does find and determine
the following:
1) The proposed request to amend a conditional use permit to renovate and
expand the existing car wash facility is an allowable use within the "C -G" General
Commercial Zone under subsection .010 of Section 18.08.030 (Uses) of Chapter 18.08
(Commercial Zones) of the Code, subject to a conditional use permit and the zoning and
development standards of the "C -G" General Commercial Zone.
2) The request to amend the CUP, under the conditions imposed, will not
adversely affect the surrounding land uses and the growth and development of the area
because the Property is developed with an existing self -serve car wash facility and the
Proposed Project complies with all of the development standards in the C -G zone; and
3) The size and shape of the Property is adequate to allow the full operation of
the proposed use in a manner not detrimental to the particular area or to the health, safety
and general welfare; and
4) That 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 traffic generated by this use will not exceed the anticipated volumes of traffic
on the surrounding street; and
5) That the granting of the conditional use permit under the conditions
imposed, if any, will not be detrimental to the health and safety of the citizens of the City
of Anaheim in that the use is existing and will remain a compatible land use with the
surrounding area.
WHEREAS, this 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. This Planning
Commission expressly declares that it considered all evidence presented and reached these
findings after due consideration of all evidence presented to it.
- 2 - PC2017 -049
NOW, THEREFORE, BE IT RESOLVED that, pursuant to the above findings, this
Planning Commission does hereby approve Conditional Use Permit No. 3667A, contingent
upon and subject to the conditions of approval set forth in Exhibit B attached hereto and
incorporated herein by this reference (the "Revised Conditions of Approval").
BE IT FURTHER RESOLVED that, effective upon the effective date of this
Resolution, the Revised Conditions of Approval hereby amend and replace the Previous
Conditions of Approval in their entirety. All references to the conditions of approval for
the CUP, shall be to the Revised Conditions of Approval attached to this Resolution as
Exhibit B, which shall control and govern the CUP, as amended by Conditional Use Permit
No. 3667A.
NOW, THEREFORE, BE IT RESOLVED that, pursuant to the above findings, this
Planning Commission does hereby approve Conditional Use Permit No. 3667A 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 that portion of the Property for which Conditional Use Permit No.
3667A is applicable 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 Director upon a
showing of good cause provided (i) equivalent timing is established that satisfies the
original intent and purpose of the condition, (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 (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.
-3 - PC2017 -049
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of May 15, 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:
--o
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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 May 15, 2017, by the following vote
of the members thereof:
AYES: COMMISSIONERS: ARMSTRONG, DALATI, GILLESPIE, KEYS,
LIEBERMAN, WHITE
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: CARBAJAL
IN WITNESS WHEREOF, I have hereunto set my hand this 15th day of May, 2017.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
- 4 - PC2017 -049
EXHIBIT "A"
DEV NO. 2016-00089
APN: 071-18 9 -557
a
U
z
z
a
�
g
�
Y
4o,
0
z
a
19cZ'
c
VW LINCOLN AVE
W LINCOLN AVE
do
0
0
O
m
m
0 a ras
source: ftco med frac! Maps sncleor City GIS.
r�
Please nose Me accuracy is +j- two to five feet.
- 5 - PC2017 -049
EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 3667A
(DEV2016-00089)
NO.
CONDITIONS OF APPROVAL
RESPONSIBLEDEPARTMENT
PRIOR TO THE ISSUANCE OFA BUILDING PERMIT
I
Final landscape plans in compliance with all code requirements shall be
planning & Building
submitted for review and approval by the Planning and Building
Department,
Director or his/her designee. Landscaping shall be installed prior to the
issuance of a Certificate of Occupancy for the business.
Planning Services
2
Owner shall install an approved backflow prevention assembly on the
Public Utilities,
water service connection(s) serving the property, behind property line
and building setback in accordance with Public Utilities Department
Water Engineering
Water Engineering Division requirements.
3
Prior to issuance of a building permit a cash -in -lieu payment based on
Public Works
the City approved engineer's cost estimate, for the future street
'
widening along Lincoln Avenue per the Lincoln Avenue Master Plan,
Development Services
shall be paid to the City of Anaheim. The applicant shall submit a cost
estimate for the review and approval by the City.
4
The legal property owner shall submit an application for a Subdivision
Public Works,
Map Act Certificate of Compliance to the Public Works Department,
Development Services Division. A Certificate of Compliance or
Development Services
Conditional Certificate of Compliance shall be approved by the City
Engineer and recorded in the Office of the Orange County Recorder
prior to issuance of a building permit.
5
A private water system with separate water service for fire protection
Public Utilities,
and domestic water shall be provided and shown on plans submitted to
the Water Engineering Division of the Anaheim Public Utilities
Water Engineering
Department.
6
All backflow equipment shall be located above ground outside of the
Public Utilities,
street setback area in a manner fully screened from all public streets and
Water Engineering
alleys. Any backflow assemblies currently installed in a vault will have
to be brought up to current standards. Any other large water system
equipment shall be installed to the satisfaction of the 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.
7
All requests for new water services, backflow equipment, or fire lines,
Public Utilities,
as well as any modifications, relocations, or abandonments of existing
Water Engineering
water services, backflow equipment, and fire lines, shall be coordinated
and permitted through Water Engineering Division of the Anaheim
Public Utilities Department.
- 6 - PC2017 -049
- 7 - PC2017 -049
RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
8
All existing water services and fire services shall conform to current
Public Utilities,
Water Services Standards Specifications. Any water service and/or fire
Water Engineering
line that does not meet current standards shall be upgraded if continued
use is necessary or abandoned if the existing service is no longer needed.
The owner/developer shall be responsible for the costs to upgrade or to
abandon any water service or fire line.
9
The car wash shall comply with all state laws and local ordinances for
Public Utilities,
Water Conservation Measures, including Chapter 10.18 of Anaheim
Water Engineering
Municipal Code and Ordinance relating to Water Reduction provisions.
10
The developer/owner shall submit to the Public Utilities Department
Public Utilities,
Water Engineering Division an estimate of the maximum fire flow rate
Water Engineering
and maximum day and peak hour water demands for the project. This
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.1 of the Water Utility Rates, Rules, and
Regulations.
11
The existing 2 -inch backflow prevention device on the 2 -inch (water
Public Utilities,
meter/fire service) serving the property is substandard and must be
Water Engineering
replaced per Public Utilities Department Water Engineering Division
requirements.
OPERATIONAL CONDITIONS
12
Landscaping and irrigation shall be installed and maintained on both
Planning & Building
sides of the block wall adjacent to Ranchito Street.
Department,
Code Enforcement
Division
13
The automobile lube/oil change facility on Parcel No. 1 shall be limited
planning & Building
to lube and oil change services.
Department,
Code Enforcement
Division
14
A covenant shall be recorded with the office of the Orange County
Recorder to guarantee that both Parcel No. 1 and 2 shall be managed
and maintained as one (1) integral parcel for purposes of parking,
Planning & Building
vehicular circulation, signage, maintenance, land usage and
Department
architectural control; and that the covenant shall be referenced in all
deeds transferring all or any part of the interest in the property. Prior to
recordation said covenant shall be reviewed and approved by the City
Attorney. Following recordation a copy of the covenant shall be
submitted to the Planning Department.
15
The hours of operation shall be limited to 7:00 a.m. to 10:00 p.m. to
Police Department
minimize noise impacts on the adjacent residential properties.
- 7 - PC2017 -049
- 8 - PC2017 -049
RESPONSIBLEDEPARTMENT
NO.
CONDITIONS OF APPROVAL
16
The parking/vacuuming area shall be secured at the close of business to
police Department
prevent unauthorized parking and overnight camping.
17
Building shall be equipped with a comprehensive security alarm system
police Department
(silent or audible) for the following coverage areas:
• High value storage area
• Cash/Coin machine/room
• Retail space
18
Whenever possible, open fencing design, such as wrought iron or
police Department
tubular steel, should be utilized to maximize natural surveillance while
enhancing territorial reinforcement.
19
Address numbers shall be positioned so as to be readily readable from
police Department
the street. The number should be illuminated during hours of darkness.
20
Adequate lighting of parking lots, passageways, recesses, and grounds
police Department
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.
21
All exterior doors shall have their own light source, which shall
police Department
adequately illuminate door areas at all hours to make clearly visible the
presence of any person on or about the premises and provide adequate
illumination for persons exiting the building.
22
Landscaping shall be of the type and situated in locations to maximize
police Department
observation while providing the desired degree of aesthetics. Security
planting materials are encouraged along fence and property lines.
23
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.
24
"No Trespassing 602(k) P.C." posted at the entrances of parking
Police Department
lots/structures and located in other appropriate places. Signs must be at
least 2' x F in overall size, with white background and black 2" lettering.
25
All entrances to parking areas shall be posted with appropriate signs per
police Department
22658(a) C.V.C., to assist in removal of vehicles at the property
owners/managers request.
PRIOR TO THE FINAL BUILDING AND ZONING INSPECTIONS
GENERAL
- 8 - PC2017 -049
- 9 - PC2017 -049
RESPONSIBLEDEPARTMENT
NO.
CONDITIONS OF APPROVAL
26
The following minimum horizontal clearances shall be maintained
Public Utilities,
between proposed water mains/laterals/meters and other facilities:
• 10 -feet minimum separation (outside wall -to -outside wall)
Water Engineering
from sanitary sewer mains and laterals
• 5 -feet minimum separation from all other utilities,
including storm drains, gas, and electric
• 6 -feet minimum separation from curb face
• 10 -feet minimum separation from structures, footings, and trees.
27
No public water mains or laterals allowed under parking stalls or
Public Utilities,
parking lots.
Water Engineering
28
All fire services 2 -inch and smaller shall be metered with a UL listed
Public Utilities,
meter, Hersey Residential Fire Meter with Translator Register, no
Water Engineering
equals.
29
The Applicant shall defend, indemnify, and hold harmless the City and
Planning & Building
its officials, officers, employees and agents (collectively referred to
Department,
individually and collectively as "Indemnitees") from any and all
Planning Services
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 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.
30
The applicant is responsible for paying all charges related to the
processing of this discretionary case application within 30 days of the
Planning & Building
issuance of the final invoice or prior to the issuance of building permits
for this project, whichever occurs first. Failure to pay all charges shall
Department,
result in delays in the issuance of required permits or may result in the
Planning Services
revocation of the approval of this application.
31
The property shall be developed substantially in accordance with plans
Planning & Building
and specifications submitted to the City of Anaheim by the applicant and
Department,
which plans are on file with the Planning Department.
Planning Services
- 9 - PC2017 -049