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Resolution-PC 2013-022RESOLUTION NO. PC2013 -022 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION APPROVING CONDITIONAL USE PERMIT NO. 2013 -05658 AND VARIANCE NO. 2013 -04923 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2012- 00128) (1725 SOUTH BROOKHURST STREET) WHEREAS, the Planning Commission of the City of Anaheim (hereinafter referred to as the "Planning Commission ") did receive a verified Petition for Conditional Use Permit No. 2013 -05658 and Variance No. 2013 -04923 to add new vacuum islands and canopy structures and refurbish an existing car wash facility (the "Project') with a variance from front setback requirements of the Anaheim Municipal Code (herein referred to as the "Code ") for certain real property located at 1725 South Brookhurst Street 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 0.42- acres, is developed with a car wash building, car wash tunnel and a pump island canopy used by a former service station. The Property is located in the General Commercial (C -G) Zone. The Anaheim General Plan designates the Property for Corridor Residential land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on February 25, 2013 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 etseq.; herein referred to as "CEQA "), the Planning Commission finds and determines that the proposed project is within that class of projects which consist of the repair, maintenance, and/or minor alteration of existing public or private structures or facilities, involving negligible or no expansion of use beyond that existing at the time of this determination, and that, therefore, pursuant to Section 15301 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 - PC2013 -022 1. The proposed conditional use permit request to add new vacuum islands and canopy structures for an existing car wash facility located within an existing commercial property is properly one for which a conditional use permit is authorized under Section 18.08.030.010. (Automotive- Washing) of the Code; and 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 is located 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 east and to the west. 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 and exit the facility to and from Brookhurst 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 the setback requirements of the Code should be approved for the following reasons: SECTION NO. 18.08.060.010 Minimum Front setback (15 feet required; 10 feet, 10 inches proposed) 1. 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. 2. 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 Brookhurst Street. -2- PC2013 -022 NOW THEREFORE BE IT RESOLVED that the Anaheim City Planning Commission does hereby approve Conditional Use Permit No. 2013 -05658 and Variance No. 2013 -04923 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. 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 February 25, 2013. 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. G� CHAIR, ANAHEIM CITY PLAN*.ZVG COMMISSION ATTEST: SECRETARY, ANAHEIM CITY PLANNING COMMISSION -3- PC2013 -022 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, 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 February 25, 2013, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, BOSTWICK, FAESSEL, LIEBERMAN, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: PERSAUD IN WITNESS WHEREOF, I have hereunto set my hand this 25` day of February, 2013. IS-12_ SECRETARY, ANAHEIM CITY PLANNING COMMISSION -4- PC2013 -022 IMII13VSEPA DEV NO. 2012 -00128 APN: 127 - 603 -26 i i i ANAHEIM W CRESTWOOD LN W CRESTWOOD LN t- w K O W GOLDEN WEST AVE ~ W FOREST LN F— F1 5, Y O O K CI n N 0 W JUDITH LN tDITH LN w W MIDWOOD LN W MIDWOOD LN 0 F U U z u, a u H m s on ®\ o Source: Recorded Tract Maps a Cite GIS Please note the accuracy Is +/_ two yo to to five feet feel. -5- PC2013 -022 EXHIBIT `B" CONDITIONAL USE PERMIT NO. 2013-05658 AND VARIANCE NO. 2013-04923 (DEV2012- 00128) -6- PC2013 -022 REVIEW SIGNED NO. CONDITIONS OF APPROVAL BY OFF BY PRIOR TO ISSUANCE OF A BUILDING PERMIT 1 All requests for new water services or fire lines, as well as any modifications, Public relocations, or abandonment of existing water services and fire lines, shall be Utilities - coordinated through Water Engineering Division of the Anaheim Public Water Utilities Department. Engineering 2 All existing water services and fire lines shall conform to current Water Public Utility Standards. Any water services and/or fire line that does not meet Utilities - current standards shall be upgraded if continued use is necessary or Water abandoned if the existing services are no longer needed. The Engineering owner /developer shall be responsible for the costs to upgrade or to abandon any water service or fire line. 3 All backflow equipment shall be located above ground and outside the street Public setback area in a manner fully screened from all public streets and alleys. Utilities - Any backflow assemblies currently installed in a vault shall be brought up to Water current standards. Any other large water system equipment shall be installed Engineering to the satisfaction of the Water Engineering Division outside the street setback area in a manner fully screened from all public streets alleys. Said information shall be specifically shown on plans and approved by Water Engineering and Cross Connection Inspector. 4 This is a non - residential project with a landscape area exceeding 2,500 Public square feet, a Landscape Documentation Package and a Certification of Utilities - Completion are required and a separate irrigation meter shall be installed in Water compliance with Chapter 10.19 of the Anaheim Municipal Code and Engineering Ordinance No. 6160 relating to landscape water efficiency. 5 There is no backflow prevention device on the main branch of the existing Public one -inch water meter serving the property. Prior to issuance of building Utilities - permits, a lead free backflow prevention device, meeting the City of Water Anaheim's Standards shall be installed at the existing meter. Engineering PRIOR TO OCCUPANCY 6 The car wash shall comply with all state laws and local ordinances for Water Public Conservation Measures, including Chapter 10.18 of the Anaheim Municipal Utilities - Code and Ordinance relating to Water Reduction provisions. Water Engineering -6- PC2013 -022 7 Parking lot striping shall be provided, per City Standard Detail No. 470. Planning Disabled parking spaces shall be provided in accordance with the Americans Department with Disabilities Act and City Standard Detail No. 436 -G. The re- slurry and restriping improvements shall be shown on plans submitted for building permits and shall be completed prior to occupancy of the proposed use. 8 Adequate lighting of parking lots, passageways, recesses, and grounds Planning contiguous to buildings shall be provided with lighting of sufficient wattage to provide adequate illumination to make clearly visible the presence of any Department 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 make clearly visible the presence of any person on or about the premises and provide adequate illumination for persons exiting the building. Monument signs and addresses shall be well lighted during hours of darkness. Minimum recommended lighting level in all parking lots is .5 foot - candle maintained, measured at the parking surface, with a maximum to minimum ratio no greater than 15:1. 9 The existing landscaped planter on the site, including the front setback area Planning shall be upgraded where needed to include new planting material and shall be Department properly irrigated and maintained. A landscape and irrigation plan shall be provided to the Planning Department for review and approval. 10 The trash enclosure shall be improved with solid metal doors per City public Works Standards to screen bin from view of the street. The walls of the trash Streets and enclosure shall be protected from graffiti opportunities by the use of plant Sanitation materials such as minimum one - gallon size clinging vines planted on maximum three -foot centers, tall shrubbery, or other means approved by the Planning Director. 11 Landscaping shall be provided around the above ground large meter or fire Planning service to shield from view of street. Department 12 Replace or repair the existing, deteriorated, wrought -iron fence and gate Planning located at the waiting area. Department 13 Repair deteriorated concrete area surrounding the clarifiers. Planning Department 14 All plumbing or other similar pipes and fixtures located on the exterior of the Planning building shall be fully screened by architectural devices and/or appropriate Department building materials. Said information shall be specifically shown on the plans submitted for building permits. GENERAL 15 The property shall be developed substantially in accordance with plans and Code specifications submitted to the City of Anaheim by the applicant and which Enforcement plans are on file with the Planning Department marked Exhibit No. 1 (Site Plan), Exhibit No. 2 (Floor Plan), Exhibit No. 3 (Vacuum Canopy Elevation), Exhibit No. 4 (Building Elevation), and as conditioned herein. -7- PC2013 -022 16 The car wash facility shall be operated in accordance with the Letter of Planning Operation submitted as part of this application. Any changes to the business Department 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 compatibility with the surrounding uses. The facility shall operate from 7:00 a.m. to 9 :00 p.m. seven days a week. All wash equipment and vacuums will be shut off at the end of the day 9:00 p.m. The hours of operation may be modified subject to prior review and approval by Planning Staff., Conditional Use Permit No. 2890, and Conditional Use Permit No. 3209. 17 The property owner shall submit a letter to the Planning Department requesting Planning the termination of Conditional Use Permit No. 128, Conditional Use Permit Department No. 2373. 18 The use of the vacuum equipped stalls shall not be limited to customers Planning vacuuming their cars. Department 19 Detailing will only be offered when parking spaces are available. Planning Department 20 Employees of the car wash shall be required to park on the subject property. Planning Department 21 No required parking area shall be fenced or otherwise enclosed for outdoor Planning storage. Department 22 Ongoing during project operations, sufficient queuing space for all vehicles Public Works shall be provided on site. Queuing vehicular traffic is not permitted to block the public rights of way at any time. 23 Any graffiti painted or marked upon the premises or on any adjacent area Code under the control of the property owner shall be removed or painted over Enforcement within 24 hours of being applied. 24 The applicant shall be responsible for maintaining the premises in an orderly Planning/ fashion through the provision of regular maintenance and removal of trash or Code debris. Enforcement 25 All activities related to the use shall occur indoors, except as may be Planning/ permitted by an authorized Special Event Permit. Code Enforcement -8- PC2013 -022