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Resolution-PC 2017-015RESOLUTION NO. PC2017-015 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2016-05866 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2016-00025) (203 NORTH EUCLID STREET) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition for Conditional Use Permit No. 2016-05866 for the construction of an automotive washing facility (the "Proposed Project") for premises located at 203 North Euclid Street in the City of Anaheim, County of Orange, State of California, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property"); and WHEREAS, Conditional Use Permit No. 2016-05866 is proposed in conjunction with Reclassification No. 2016-00299 and Tentative Parcel Map No. 2016-192, now pending, which, together with the Project, shall be referred to herein collectively as the "Proposed Project". WHEREAS, the Property is approximately 0.92 -acres in size and is designated as Industrial in the Anaheim General Plan Land Use Element. The Property, of which a portion is currently zoned "C -G" General Commercial, will be reclassified under Reclassification No. 2016-00299, and entirely be within the "P' Industrial Zone. As such, the Property is subject to the zoning and development standards described in Chapter 18.10 (Industrial Zone) of the Code; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on January 23, 2017 at 5:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of Chapter 18.60 of the Code, to hear and consider evidence for and against the Proposed Project, including, specifically, Conditional Use Permit No. 2016-05866, and to investigate and make findings and recommendations in connection therewith; and WHEREAS, pursuant to and in accordance with the provisions of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as "CEQA"), the State of California Guidelines for the Implementation of the California Environmental Quality Act (commencing with Section 15000 of Title 14 of the California Code of Regulations; herein referred to as the "CEQA Guidelines"), and the City's Local CEQA Procedure Manual, the City is the "lead agency" for the preparation and consideration of environmental documents for the Proposed Project; and - 1 - PC2017-015 WHEREAS, the Planning Commission also finds and determines that the effects of the proposed construction of a new carwash facility are typical of those generated within that class of projects (i.e., Class 3 — New Construction or Conversion of Small Structures) which consists of the construction and location of limited numbers of new, small facilities or structures. Section 15303 of the CEQA Guidelines provides examples of projects that qualify for an exemption from the provisions of CEQA, one of which being the construction of commercial buildings not exceeding 10,000 square feet in floor area on sites zoned for such use if not involving the use of significant amounts of hazardous substances where all necessary public services and facilities are available and the surrounding area is not environmentally sensitive. The Proposed Project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and WHEREAS, the Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing with respect to the request to permit the Project on the Property does find and determine the following facts: 1. The proposed request to construct an automotive washing facility is an allowable use within the "I" Industrial Zone under subsection .010 of Section 18.10.030.010 (Uses) of Chapter 18.10 (Industrial Zones) of the Code, subject to a conditional use permit and the zoning and development standards of the "I" Industrial Zone; and 2. The proposed request to permit the construction of an automotive washing facility would not adversely affect the adjoining land uses, or the growth and development of the area in which it is proposed to be located because the Proposed Project will improve the aesthetics of the improvements on the Property and the overall appearance of the project site, and would not have an adverse effect on adjacent industrial and commercial uses; and 3. The size and shape of the site is adequate to allow the full development of the Proposed Project in a manner not detrimental to either the particular area or health and safety because the site can accommodate the parking, traffic flows, and circulation without creating detrimental effects on adjacent properties; and 4. The traffic generated by the Proposed Project would not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the traffic generated by the Proposed Project will not exceed the anticipated volumes of traffic on the surrounding streets and adequate parking will be provided to accommodate the future uses; and 5. The granting of the conditional use permit will not be detrimental to the health and safety of the citizens of the City of Anaheim because the Proposed Project would significantly improve the overall appearance of the project site, and is compatible with the surrounding area, subject to compliance with the conditions contained herein; and WHEREAS, the Planning Commission determines that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this Resolution, that the facts stated in this Resolution are supported by substantial evidence in the record, including testimony received at the public hearing, the staff presentations, the staff report and all materials in the project files. There is no substantial evidence, nor are there other facts, that detract from the findings made in this Resolution. The Planning Commission expressly - 2 - PC2017-015 declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve Conditional Use Permit No. 2016-05866, contingent upon and subject to the conditions of approval set forth in Exhibit B attached hereto and incorporated herein by this reference, which are hereby found to be a necessary prerequisite to the proposed use of the Property in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Code. Timing for compliance with conditions of approval may be amended by the Planning and Building Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition(s), (ii) the modification complies with the Code, and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED, that any amendment, modification or revocation of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City -Initiated Revocation or Modification of Permits) of the Code. BE IT FURTHER RESOLVED that the Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed request only to the extent that it complies with the Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of January 23, 2017. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 (Procedures) of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRPERSON, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: IV,�, SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 3 - PC2017-015 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning Commission of the City of Anaheim held on January 23, 2017, by the following vote of the members thereof.- AYES: hereof: AYES: COMMISSIONERS: BOSTWICK, CALDWELL, CARBAJAL, DALATI, HENNINGER, LIEBERMAN, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE 2017. IN WITNESS WHEREOF, I have hereunto set my hand this 23rd day of January, SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 4 - PC2017-015 EXHIBIT "A" DEV NO. 2016-00025 APN: 072-101-62 0 J U w P F-- 127' `127' W LINCOLN AVE W _o J U D W N (\ oo Source: Recorded Tract Maps and/or City GIS. �J F2�t Please note the accuracy is +I- two to five feet. - 5 - PC2017-015 EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2016-05866 (DEV2016-00025) - 6 - PC2017-015 RESPONSIBLEDEPARTMENT NO. CONDITIONS OF APPROVAL PRIOR TO ISSUANCE OF GRADING PERMITS 1 The project's Final Grading Plans, Soils Report, and Drainage Report Public Works Department, shall be submitted for review and approval to the Development Services Development Services Division. Division 2 The developer shall submit project improvement plans that incorporate the required drainage improvements and the mechanisms proposed in the approved Drainage Report. Post -development storm event run-off shall be less than or equal to the existing pre -development storm event Public Works Department, run-off. No off-site run-off shall be blocked during and after grading Development operations or perimeter wall construction. Finish floor elevations shall Services Division be 1 -ft. minimum above water surface elevations of 100 -year storm event. 3 The final Water Quality Management Plan (WQMP) shall be submitted for review and approval to Public Works Development Services and Public Works Department, comply with the most current requirements of the Orange County Development Drainage Area Management Plan (DAMP). Services Division 4 If more than one acre of soil will be disturbed, the applicant shall demonstrate that coverage has been obtained under California's General Permit for Stormwater Discharges Associated with Construction Activity by providing a copy of the Notice of Intent (NOI) submitted to Public Works Department, the State Water Resources Control Board and a copy of the subsequent Development notification of the issuance of a Waste Discharge Identification (WDID) Services Division Number. The applicant shall prepare and implement a Stormwater Pollution Prevention Plan (SWPPP). A copy of the current SWPPP shall be kept at the project site and be available for City review upon request. 5 Prior to issuance of the grading permit and right-of-way construction permit for the storm drain improvements, a Save Harmless agreement in -lieu of an Encroachment Agreement is required to be executed, Public Works Department, approved by the City and recorded by the applicant on the property for Development any new private storm drains connecting to the City storm drain Services Division facilities. - 6 - PC2017-015 - 7 - PC2017-015 RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT 6 An Encroachment Permit from Caltrans shall be obtained for all work performed in Caltrans easements. public Works Department, Development Services Division PRIOR TO ISSUANCE OF BUILDING PERMITS 7 The final map shall be submitted to and approved by the City of Anaheim Department of Public Works and the Orange County Surveyor Public Works Department, for technical review and ensure that all applicable conditions of Development approval have been complied with and then shall be filed in the Office Services Division of the Orange County Recorder. 8 Final detailed landscape and irrigation plans submitted for Planning Planning and staff review and approval shall reflect the site plan as approved by the Building Department, Planning Commission. Planning Division 9 All backflow equipment shall be located above ground outside of the street setback area in a manner fully screened from all public streets and alleys. Any backflow assemblies currently installed in a vault will have to be brought up to current standards. Any other large water system Public Utilities equipment shall be installed to the satisfaction of the Water Engineering Department, Division outside of the street setback area in a manner fully screened Water Engineering from all public streets and alleys. Said information shall be specifically Division shown on plans and approved by Water Engineering and Cross Connection Control Inspector. 10 All requests for new water services, backflow equipment, or fire lines, as well as any modifications, relocations, or abandonments of existing Public Utilities water services, backflow equipment, and fire lines, shall be coordinated Department, and permitted through Water Engineering Division of the Anaheim Water Engineering Public Utilities Department. Division 11 The Owner shall irrevocably offer to dedicate to the City of Anaheim (i) an easement for all large domestic above -ground water meters and fire hydrants, including a five (5) -foot wide easement around the fire hydrant and/or water meter pad. (ii) a twenty (20) foot wide easement for all water service mains and service laterals all to the satisfaction of the Water Engineering Division. The easements shall be granted on the Public Utilities Water Engineering Division of the Public Utilities Department's Department, standard water easement deed. The easement deeds shall include Water Engineering language that requires the Owner to be responsible for restoring any Division special surface improvements, other than asphalt paving, including but not limited to colored concrete, bricks, pavers, stamped concrete, decorative hardscape, walls or landscaping that becomes damaged during any excavation, repair or replacement of City owned water facilities. Provisions for the repair, replacement and maintenance of all - 7 - PC2017-015 - 8 - PC2017-015 RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT surface improvements other than asphalt paving shall be the responsibility of the Owner and included and recorded in the Master CC & R's for the project. 12 The car wash shall comply with all state laws and local ordinances for Water Conservation Measures, including Chapter 10.18 of Anaheim Public Utilities Municipal Code and Ordinance relating to Water Reduction provisions. Department, Water Engineering Division 13 The developer/owner shall submit to the Public Utilities Department Water Engineering Division an estimate of the maximum fire flow rate Public Utilities and maximum day and peak hour water demands for the project. This Department, information will be used to determine the adequacy of the existing water Water Engineering system to provide the estimated water demands. Any off-site water Division system improvements required to serve the project shall be done in accordance with Rule No. 15A.6 of the Water Utility Rates, Rules, and Regulations. 14 Prior to approval of permits for improvement plans, the property Public Utilities owner/developer shall coordinate with Electrical Engineering to establish electrical service requirements and submit electric system Department, Electrical plans, electrical panel drawings, site plans, elevation plans, and related technical drawings and specifications. Engineering Division 15 Prior to connection of electrical service, the legal owner shall provide to Public Utilities the City of Anaheim a Public Utilities easement with dimensions as Department, shown on the approved utility service plan. Electrical Engineering 16 Prior to connection of electrical service, the legal owner shall submit Public Utilities payment to the City of Anaheim for service connection fees. Department, Electrical Engineering Division PRIOR TO FINAL BUILDING AND ZONING INSPECTIONS 17 All required on-site Water Quality Management Plan, sewer, storm Public Works Department, drain, and public right of way improvements shall be completed, Development Services operational, and are subject to review and approval by the Construction Services Inspector. Division 18 The developer shall improve Euclid Way and Lincoln Avenue per the Public Works Department, applicable City Standards, the Lincoln Avenue Corridor Master Plan, Development Services and as approved by the City Engineer. Division 19 Curbs adjacent to the drive aisles shall be painted red to prohibit parallel Public Works Department, parking in the drive aisles. Red curb locations shall be clearly labeled Development Services - 8 - PC2017-015 - 9 - PC2017-015 RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT on building plans. Division 20 Building shall be equipped with a comprehensive security surveillance camera and alarm system (silent or audible) for the following coverage Police Department areas: • High value storage area • Cash/Coin machine/room 21 Landscaping shall be of the type and situated in locations to maximize observation while providing the desired degree of aesthetics. Security Police Department planting materials are encouraged along fence and property lines. 22 Trees should not be planted close enough to the structure to allow easy Police Department access to the roof, or should be kept trimmed to make climbing difficult. 23 Trash enclosures should not block visibility of doors or windows or be police Department located close enough to the structure to provide access to the roof. 24 Minimum recommended lighting level in all parking lots is .5 foot- candle maintained, measured at the parking surface, with a maximum to Police Department minimum ratio no greater than 15:1. 25 "No Trespassing 602(k) P.C." posted at the entrances of parking lots/structures and located in other appropriate places. Signs must be at police Department least 2' x F in overall size, with white background and black 2" lettering. 26 All entrances to parking areas shall be posted with appropriate signs per 22658(a) C.V.C., to assist in removal of vehicles at the property Police Department owners/managers request. 27 Whenever possible, open fencing design, such as wrought iron or tubular steel, should be utilized to maximize natural surveillance while Police Department enhancing territorial reinforcement. 28 Parking lot striping shall be provided, per City Standard Detail No. 470. Planning and Disabled parking spaces shall be provided in accordance with the Building Department, Americans Department with Disabilities Act and City Standard Detail No. 436-G. Planning Division 29 Adequate lighting of parking lots, passageways, recesses, and grounds contiguous to buildings shall be provided with lighting of sufficient wattage to provide adequate illumination to make clearly visible the Planning and presence of any person on or about the premises during the hours of Building Department, darkness and provide a safe, secure environment for all person, Planning Division property, and vehicles on-site. All exterior doors shall have their own light source, which shall adequately illuminate door areas at all hours to - 9 - PC2017-015 - 10- PC2017-015 RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT make clearly visible the presence of any person on or about the premises and provide adequate illumination for persons exiting the building. Address shall be well lit during hours of darkness. Minimum recommended lighting level in all parking areas is 0.5 foot-candle maintained, measured at the parking surface, with a maximum to minimum ratio no greater than 15:1. 30 Landscaping shall be provided around the above ground large meter or Planning and fire service to shield from view of street. Building Department, Planning Division 31 All plumbing or other similar pipes and fixtures located on the exterior of the building shall be fully screened by architectural devices and/or Planning and appropriate building materials. Said information shall be specifically Building Department, shown on the plans submitted for building permits. Planning Division ON-GOING DURING PROJECT OPERATIONS 32 The driveway on Euclid Way closest to Lincoln Avenue shall be one- Public Works Department, way inbound only. Development Services Division 33 The fabric canopies of the proposed canopy structures shall be Planning and perpetually maintained and replaced as needed to ensure that the Building Department, carwash facility maintains a high quality appearance. Planning Division 34 The parking/vacuuming area shall be secured at close of business to prevent unauthorized parking and overnight camping. Police Department 35 Address numbers shall be positioned so as to be readily readable from the street. Number should be illuminated during hours of darkness. Police Department 36 Monument signs and addresses shall be well lighted during hours of Police Department darkness. 37 All exterior doors shall have their own light source, which shall adequately illuminate door areas at all hours to make clearly visible the presence of any person on or about the premises and provide adequate Police Department illumination for persons exiting the building. 38 Any graffiti painted or marked upon the premises or on any adjacent Planning and area under the control of the property owner shall be removed or painted Building Department, over within 24 hours of being applied. Code Enforcement Division - 10- PC2017-015 - 11 - PC2017-015 RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT 39 The applicant shall be responsible for maintaining the premises in an Planning and orderly fashion through the provision of regular maintenance and Building Department, removal of trash or debris. Code Enforcement Division 40 The use of the vacuum equipped stalls shall not be limited to customers Planning and vacuuming their cars. Building Department, Planning Division 41 No required parking area shall be fenced or otherwise enclosed for Planning and outdoor storage. Building Department, Planning Division 42 The car wash facility shall be operated in accordance with the Letter of Operation submitted as part of this application. Any changes to the business operation as described in the Letter of Operation shall be subject to review and approval by the Planning Director to determine substantial conformance with the Letter of Operation and to ensure Planning and compatibility with the surrounding uses. The facility shall operate from Building Department, 8:00 a.m. to 8:00 p.m. seven days a week. All wash equipment and Planning Division vacuums will be shut off at the end of the day 8:00 p.m. The hours of operation may be modified subject to review and approval by the Planning Director. GENERAL 43 The following minimum horizontal clearances shall be maintained between water laterals, above ground meters/backflow prevention devices and other facilities: • 10 -feet minimum separation (outside wall -to -outside wall) from Public Utilities sanitary sewer mains and laterals Department, Water • 5 -feet minimum separation from all other utilities, including storm Engineering Division drains, gas, and electric • 10 -feet minimum from trees, structural footings, and above ground structures. 44 No public water mains or laterals allowed under p parking stalls or Public Utilities parking lots. Department,Water Engineering Department 45 The Applicant shall defend, indemnify, and hold harmless the City and Planning and Building its officials, officers, employees and agents (collectively referred to Department, individually and collectively as "Indemnitees") from any and all claims, Planning Services Division actions or proceedings brought against Indemnitees to attack, review, - 11 - PC2017-015 - 12 - PC2017-015 RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT set aside, void, or annul the decision of the Indemnitees concerning this permit or any of the proceedings, acts or determinations taken, done, or made prior to the decision, or to determine the reasonableness, legality or validity of any condition attached thereto. The Applicant's indemnification is intended to include, but not be limited to, damages, fees and/or costs awarded against or incurred by Indemnitees and costs of suit, claim or litigation, including without limitation attorneys' fees and other costs, liabilities and expenses incurred by Indemnitees in connection with such proceeding. 46 The applicant is responsible for paying all charges related to the processing of this discretionary case application within 30 days of the Planning and issuance of the final invoice or prior to the issuance of building permits Building Department, for this project, whichever occurs first. Failure to pay all charges shall Planning Services result in delays in the issuance of required permits or may result in the Division revocation of the approval of this application. 47 The business premises shall be developed substantially in accordance Planning and with plans and specifications submitted to the City of Anaheim by the Building Department, petitioner, which plans are on file with the Planning Department, and as Planning Services conditioned herein. Division - 12 - PC2017-015