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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