Resolution-PC 2016-058RESOLUTION NO. PC2016-058
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM
APPROVING CONDITIONAL USE PERMIT NO. 2016-05857 AND
VARIANCE NO. 2016-05071 AND MAKING CERTAIN FINDINGS
IN CONNECTION THEREWITH
(DEV2016-00010)
(924-926 SOUTH BEACH BOULEVARD AND 2961 WEST BALL ROAD)
WHEREAS, the Planning Commission of the City of Anaheim (the "Planning
Commission") did receive a verified petition for Conditional Use Permit No. 2016-05857 and
Variance No. 2016-05071 for the demolition of an existing motel, garage and retail building and
the construction of an automotive washing facility, and to permit the alteration of two legal
nonconforming signs, with fewer parking spaces than required by the Anaheim Municipal Code
(the "Code") (collectively, the "Proposed Project") for premises located at 924-926 South Beach
Boulevard and 2961 West Ball Road 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, the Property is approximately 1.06 -acres in size and is developed with 2,200
square feet of retail space, an 800 square foot four -car garage, a 12,256 square foot motel, large
surface parking areas and two existing legal nonconforming pylon signs along Beach Boulevard
and Ball Road. The Land Use Element of the Anaheim General Plan designates the Property for
Commercial -Neighborhood Center land uses. The Property is located within the "C -G" General
Commercial Zone. As such, the Property is subject to the zoning and development standards
described in Chapter 18.08 (General Commercial Zone) of the Code; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on July 11, 2016 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. 2016-05857 and Variance No. 2016-05071, 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, this Planning Commission finds and determines that the Proposed Project is
within that class of projects which consist of in -fill development meeting the conditions
described in Section 15332 of the CEQA Guidelines. Specifically, the Proposed Project (a) is
consistent with the applicable General Plan designation and all applicable General Plan policies
and is consistent with the applicable zoning designation and regulations, (b) is no more than five
acres in size substantially surrounded by urban uses, (c) has no value as a habitat for endangered,
rare or threatened species, (d) would not result in significant effects relating to traffic, noise, air
quality, or water quality, and (e) the Property can be adequately served by all required utilities
and public services. Accordingly, pursuant to Section 15332 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, 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 "C -G" General Commercial Zone under subsection .010 of Section 18.08.030.010
(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; and
2. The proposed request to permit the demolition of existing buildings, and 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 entails a complete renovation of the Property which 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 residential 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 aesthetics of the buildings and the overall appearance of the project site
is compatible with the surrounding area, subject to compliance with the conditions contained
herein; and
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WHEREAS, the Planning Commission does further find and determine under and
pursuant to subsection .020 of Section 18.56.060 (Nonconforming Signs) of the Code with
respect to the request to permit the relocation and alteration of two of the existing legal non-
conforming signs, as shown on the plans submitted by the applicant and on file with the Planning
and Building Department, as follows:
1. The proposed modifications do not increase the height or area of the sign copy for
either of the two signs and will bring the two signs closer into conformity with the Code; and
2. The proposed modifications will improve the aesthetics of the two signs; and
3. 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; and
WHEREAS, based upon a parking justification letter submitted by the applicant, the
Planning Commission does further find and determine that the request for Variance No. 2016-
05071 to allow fewer parking spaces than required by the Code should be approved for the
following reasons:
SECTION NO. 18.42.040.010 Minimum number of parking, spaces.
(32 spaces required; 26 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 all uses on site than the number of such spaces
necessary to accommodate all vehicles attributable to such uses under the normal and reasonably
foreseeable conditions of operation of such uses. A parking justification letter was prepared by
the applicant, determining that the proposed number of parking spaces within the Property is
sufficient to accommodate all future uses on site; and
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 Property because the proposed number of parking spaces within the Property is sufficient to
accommodate all future uses on site, as determined by the parking justification letter; and
3. That the variance, under the conditions imposed, if any, will not increase the
demand and competition for parking spaces upon adjacent private property in the immediate
vicinity of the proposed use because the proposed number of parking spaces within the Property
is sufficient to accommodate all future uses on site, as determined by the parking justification
letter; and
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 provides adequate ingress and egress points to the property and are designed to allow
for adequate on-site circulation; and
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5. That the variance, under the conditions imposed, if any, 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 site has existing ingress or egress access points that are
designed to allow adequate on-site circulation and, therefore, will not impede vehicular ingress
to or egress from adjacent properties upon the public streets in the immediate vicinity of the
Property; 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
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. 2016-05857 and Variance No. 2016-05071, 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.
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THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
July 11, 2016. 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.
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CHAIR, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
ATTEST:
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 July 11, 2016, by the following vote of the
members thereof.
AYES: COMMISSIONERS: DALATI, LIEBERMAN, RAMIREZ
NOES: COMMISSIONERS: CALDWELL, HENNINGER
ABSENT: COMMISSIONERS: BOSTWICK, SEYMOUR
IN WITNESS WHEREOF, I have hereunto set my hand this 11th day of July, 2016.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT "A"
DEV NO. 2016-00010
APN: 126-261-04
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EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2016-05857 AND
VARIANCE NO. 2016-05071
(DEV2016-00010)
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RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
PRIOR TO ISSUANCE OF GRADING PERMITS
1
An Encroachment Permit from Caltrans shall be obtained for the pole
Public Works
sign fronting the Caltrans right-of-way on Beach Boulevard.
Development Services
2
The applicant shall submit to the Public Works Department,
Development Services Division for review and approval a Water
Quality Management Plan that conforms with current Orange County
Guidelines and Requirements as well as the City's WQMP Review
Checklist. Said WQMP shall:
• Address Site Design Best Management Practices (BMPs) such
Public Works
as minimizing impervious areas, maximizing permeability,
Development
minimizing directly connected impervious areas, creating
Services
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.
3
The project's Final Grading, Soils, and Drainage Reports shall be
Public Works
submitted for review and approval to the Development Services
Development
Division.
Services
4
The property owner shall submit project improvement plans that
incorporate the required drainage improvements and the mechanisms
Public Works
proposed in the approved Final Drainage Report. No offsite run-off shall
Development
be blocked during and after grading operations or perimeter wall
Services
construction. Finish floor elevations shall be 1 -ft. minimum above water
surface elevations of 100 -year event.
5
The final Water Quality Management Plan (WQMP) shall be submitted
Public Works
for review and approval to Public Works Development Services and
Development
comply with the most current requirements of the Orange County
Services
Drainage Area Management Plan (DAMP).
6
The applicant shall demonstrate that coverage has been obtained under
California's General Permit for Stormwater Discharges Associated with
Public Works
Construction Activity by providing a copy of the Notice of Intent (NOI)
Development
submitted to the State Water Resources Control Board and a copy of the
Services
subsequent notification of the issuance of a Waste Discharge
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RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
Identification (WDID) 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.
PRIOR TO ISSUANCE OF BUILDING PERMITS
7
Prior to the issuance of a building permit and under the circumstances
where the owner/applicant elects to have vehicular access to its property
over and across that certain adjacent property upon which an automotive
service station is now located to and from Beach Boulevard, the
owner/applicant shall enter into an unsubordinated easement agreement
with the owner of said adjacent property, providing for said vehicular
access over and across said adjacent property to and from Beach
Boulevard. The unsubordinated easement agreement shall be in a form
Planning Division
satisfactory to the City Attorney and approved by the Director of the
Planning and Building Department and the Director of Public Works
prior and as a condition precedent to the issuance of a building permit
and following approval thereof shall be recorded in the Official Records
of the County of Orange. A copy of the recorded easement agreement
shall then be submitted to the Planning Division of the Planning and
Building Department.
8
Final detailed landscape and irrigation plans submitted for Planning
staff review and approval shall reflect the site plan as approved by the
Planning Commission. If no Beach Boulevard access is provided, then
Planning Division
the western portion of the site adjacent to Beach Boulevard shall be
planted with decorative landscaping to deter loitering in this area to the
satisfaction of Planning and Police Department staff.
9
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.
10
That a private water system with separate water service for fire
protection and domestic water shall be provided and shown on plans
Public Utilities
submitted to the Water Engineering Division of the Anaheim Public
Water Engineering
Utilities Department.
11
That a private water system with separate water service for fire
protection and domestic water shall be provided and shown on plans
Public Utilities
submitted to the Water Engineering Division of the Anaheim Public
Water Engineering
Utilities Department.
12
That 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
Public Utilities
have to be brought up to current standards. Any other large water
Water Engineering
system equipment shall be installed to the satisfaction of the Water
Engineering Division outside of the street setback area in a manner fully
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RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
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.
13
That all requests for new water services, backflow equipment, or fire
lines, as well as any modifications, relocations, or abandonments of
Public Utilities
existing water services, backflow equipment, and fire lines, shall be
Water Engineering
coordinated and permitted through Water Engineering Division of the
Anaheim Public Utilities Department.
14
That all existing water services and fire services shall conform to
current Water Services Standards Specifications. Any water service
and/or fire line that does not meet current standards shall be upgraded if
Public Utilities
continued use is necessary or abandoned if the existing service is no
Water Engineering
longer needed. The owner/developer shall be responsible for the costs to
upgrade or to abandon any water service or fire line.
15
That 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
16
That the developer/owner shall submit to the Public Utilities
Department Water Engineering Division an estimate of the maximum
fire flow rate and maximum day and peak hour water demands for the
project. This information will be used to determine the adequacy of the
Public Utilities
existing water system to provide the estimated water demands. Any off-
Water Engineering
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.
17
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.
18
The property owner shall irrevocably offer to dedicate in a signed deed
to the City of Anaheim an easement 60- feet in width from the
Public Works
centerline of Ball Road for road, public utilities, and other public
Development
Services
purposes.
19
The developer shall submit street improvement plans, obtain a right of
Public Works
way construction permit, and post a security (Performance and Labor &
Development
Materials Bonds) for the construction of all required public
Services
improvements within the City street right of way of Ball Road.
20
An Encroachment Permit from Caltrans shall be obtained for all work
Public Works
performed in Caltrans right-of-way within Beach Boulevard.
Development
Services
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RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
21
The legal property owner shall submit an application for a Subdivision
Map Act Certificate of Compliance to the Public Works Department,
Public Works
Development Services Division. A Certificate of Compliance or
Development
Conditional Certificate of Compliance shall be approved by the City
Services
Surveyor and recorded in the Office of the Orange County Recorder
prior to issuance of a building permit for the new car wash construction.
PRIOR TO FINAL B ULtDING AND ZONING INSPECTION
22
All required on-site Water Quality Management Plan and public right of
Public Works
way improvements shall be completed, operational, and are subject to
Development
review and approval by the Construction Services Inspector.
Services
23
An 8 -foot high concrete block wall with 7 feet of transparent material
on top of the wall shall be installed on the north property line as
Planning Division
described in the Noise and Vibration Impact Analysis memorandum
(dated June 9, 2016) prepared by LSA Associates.
24
Owner shall install an approved backflow prevention assembly on the
water service connection(s) serving the property, behind property line
Public Utilities
and building setback in accordance with Public Utilities Department
Water Engineering
Water Engineering Division requirements.
25
Curbs adjacent to the drive aisles shall be painted red to prohibit parallel
Public Works
parking in the drive aisles. Red curb locations shall be clearly labeled on
Traffic Engineering
building plans.
26
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
27
Prior to connection of electrical service, the legal owner shall submit
Public Utilities,
Electrical
payment to the City of Anaheim for service connection fees.
Engineerin
28
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.
29
Trees should not be planted close enough to the structure to allow easy
access to the roof, or should be kept trimmed to make climbing difficult.
Police Department
30
Building shall be equipped with a comprehensive security surveillance
camera and alarm system (silent or audible) for the following coverage
areas:
Police Department
• High value storage area
• Cash/Coin machine/room
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RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
31
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.
32
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.
33
"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.
34
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.
35
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.
36
That the developer/owner shall provide the Planning Department with
detailed plans for a decorative vehicular gate in accordance with City
Planning Division
Standard Detail No. 475 to secure the parking/vacuum area at close of
business to prevent unauthorized parking and overnight camping.
37
That the developer/owner shall work with Planning staff on determining
a final color scheme for the exterior fagade of the automotive washing
Planning Division
tunnel.
38
Parking lot striping shall be provided, per City Standard Detail No. 470.
Disabled parking spaces shall be provided in accordance with the
Planning Division
Americans Department with Disabilities Act and City Standard Detail
No. 436-G.
39
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 Division
make clearly visible the presence of any person on or about the premises
and provide adequate illumination for persons exiting the building.
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.
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RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
40
Landscaping shall be provided around the above ground large meter or
Planning Division
fire service to shield from view of street.
41
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 Division
appropriate building materials. Said information shall be specifically
shown on the plans submitted for building permits.
42
Landscaping shall be provided around the trash enclosure and HVAC
Planning Division
equipment enclosure.
43
The applicant shall fund the cost incurred by the owner of the motel
immediately adjacent to and north of the subject property to retrofit
those 14 motel room windows (7 on the first floor and 7 on the second
floor located immediately above the 7 first floor windows) located
between the westerly exit of the automotive washing tunnel along the
southerly fagade of the hotel towards Beach Boulevard. The retrofitting
shall consist of double -paned or dual -glazed windows with STC -32 or
higher. This condition may be satisfied by the applicant obtaining and
delivering to the Planning Director a letter from the owner of the motel
confirming that the applicant has provided funds to the owner of the
Planning Division
motel sufficient to pay for the window retrofitting, regardless of whether
the work of retrofitting has been performed or completed.
The Planning Director is authorized to waive the applicant's compliance
with this condition and deem this condition satisfied and of no further
force and effect upon an evidentiary showing by the applicant that its
best efforts to fund the window retrofitting have been declined, refused
or ignored by the owner of the motel after repeated and exhaustive
attempts over a reasonable period of time.
ON-GOING DURING PROJECT OPERATIONS
44
The fabric canopies of the proposed canopy structures shall be
perpetually maintained and replaced as needed to ensure that the
Planning Division
carwash facility maintains a high quality appearance.
45
Should the vehicle queue reach Ball Road, staff members shall be
positioned at the end of the on-site queue area near the Ball Road
entrance to direct traffic and prevent the queue from spilling onto Ball
Public Works Traffic
Road. This measure shall be implemented for a short timeframe, as
Engineering
needed, until the queue dissipates.
46
All exterior doors shall have their own light source, which shall
adequately illuminate door areas at all hours to make clearly visible the
police Department
presence of any person on or about the premises and provide adequate
illumination for persons exiting the building.
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RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
47
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
police Department
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.
48
Monument signs and addresses shall be well lighted during hours of
police Department
darkness.
49
Address numbers shall be positioned so as to be readily readable from
Police Department
the street. Number should be illuminated during hours of darkness.
50
The parking/vacuuming area shall be secured at close of business to
police Department
prevent unauthorized parking and overnight camping.
51
Any graffiti painted or marked upon the premises or on any adjacent
area under the control of the property owner shall be removed or painted
Code Enforcement
over within 24 hours of being applied.
52
The applicant shall be responsible for maintaining the premises in an
Planning
orderly fashion through the provision of regular maintenance and
Division/Code
removal of trash or debris.
Enforcement
53
All automotive washing employees shall be required to park on the
Planning Division
subject property.
54
The use of the vacuum equipped stalls shall not be limited to customers
Planning Division
vacuuming their cars.
55
No required parking area shall be fenced or otherwise enclosed for
Planning Division
outdoor storage.
56
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
compatibility with the surrounding uses. The facility shall operate from
Planning Division
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.
GENERAL
57
Any future modification to the approved site plans for access from
Planning Division
Beach Boulevard shall be reviewed and approved by Caltrans, the
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RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
Director of Planning and Building, and the Director of Public Works to
Public Works
determine substantial conformance with the approved site plans and to
Traffic Engineering
ensure compatibility with the surrounding uses and traffic patterns.
58
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
Planning and Building
permit or any of the proceedings, acts or determinations taken, done, or
Department,
made prior to the decision, or to determine the reasonableness, legality
Planning Services
or validity of any condition attached thereto. The Applicant's
Division
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.
59
The applicant is responsible for paying all charges related to the
Planning and
processing of this discretionary case application within 30 days of the
Building
issuance of the final invoice or prior to the issuance of building permits
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
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revocation of the approval of this application.
60
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
Department,
conditioned herein.
Planning Services
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-14- PC2016-058