Resolution-PC 2018-044RESOLUTION NO. PC2018-044
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ANAHEIM APPROVING
CONDITIONAL USE PERMIT NO. 2016-05857A AND
MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2016-00010A)
(924-926 SOUTH BEACH BOULEVARD AND 2961 WEST BALL ROAD)
WHEREAS, the Planning Commission of the City of Anaheim ("Planning Commission")
did receive a verified petition to amend Conditional Use Permit No. 2016-05857 ("CUP2016-
05857A") to delete a condition of approval pertaining to a requirement to retrofit windows at an
existing motel adjacent to the subject property for sound attenuation purposes (herein referred to
collectively as the "Proposed Project") for the premises located at 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 4,992
square -foot carwash facility with 26 self -serve vacuum stations/parking stalls. The Land Use
Element of the Anaheim General Plan designates the Property for 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, on July 11, 2016 at 5:00 p.m., and subject to certain conditions of approval,
the Planning Commission, by Resolution No. PC2016-058, approved Conditional Use Permit No.
2016-05857 (herein referred to as the "Original CUP") to 1) allow the construction of a new car
wash facility and to permit alterations to two legal nonconforming freestanding signs; and, 2) a
variance to allow fewer parking spaces than required by the Zoning Code.
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on August 20, 2018 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 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 the "lead agency" for the
preparation and consideration of environmental documents for the Proposed Project; and
WHEREAS, this 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 1 — Existing
Facilities) which consist of the operation, repair, maintenance, permitting, leasing, licensing, or
minor alteration of existing public or private structures, facilities, mechanical equipment, or
topographical features, involving negligible or no expansion of use beyond that existing at the time
of this determination, and that, therefore, pursuant to Section 15301 of the CEQA Guidelines, the
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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 pertaining to the request for Conditional Use Permit No. 2016-05857A, does find and
determine the following facts:
1. The proposed request to delete a condition of approval pertaining to a requirement to
retrofit windows at an existing motel adjacent to the subject property for sound attenuation
purposes is allowed within the "C -G" General Commercial Zone under 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 use under Conditional Use Permit No. 2016-05857A, under the conditions
imposed, is compatible with the existing uses in the surrounding area because the noise impacts
from operation of the carwash facility are negligible given that the existing ambient noises levels
without the carwash in operation already exceed the noise standards established by the General Plan
and Municipal Code, and also are higher than the noises levels of the carwash alone. Further, the
increase in ambient noise levels with the carwash in operation would be 2.5 decibels. The Noise
Code states that to have a valid reading that is considered objectionable, the noise levels must be
five decibels or more above the levels prevailing at the same point when the source of the alleged
objectionable sound are not operating. This noise increase is less than the 3 decibels threshold of
human perceptibility, meaning that the increase in ambient noise level would not be perceptible to
the human ear in an outdoor environment. In addition, it can also be assumed that the noise impacts
from the carwash facility alone would be minimal given the existing ambient noise environment..
Finally, the carwash facility operates daily from 7:00 a.m. to 9:00 p.m., thereby reducing nighttime
noise impacts to motel guests during non-operating hours and times when ambient noise from traffic
and other area sources is reduced.
3. The size and shape of the site for the use under Conditional Use Permit No. 2016-
05857A is, under the conditions imposed, adequate to allow the full development of the use in a
manner not detrimental to the particular area or to the health and safety because the carwash
facitlity on the Property will adhere to all required land use standards.
4. The traffic generated by the use under Conditional Use Permit No. 2016-05857A,
under the conditions imposed, 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 increase due to the modification of the condition.
5. The granting of Conditional Use Permit No. 2016-05857A, under the conditions
imposed, will not be detrimental to the health and safety of the citizens of the City of Anaheim as
the proposed project will be compatible with the surrounding area through conditions of approval
for the use and is not a health or safety risk to the citizens of the City of Anaheim.
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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. 2016-05857A, and (ii) 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 use of the Property under Conditional Use Permit No. 2016-05857A
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, (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, effective upon the effective date of this
Resolution, the Revised Conditions of Approval hereby amend the Previous Conditions of
Approval and hereby 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. 2016-05857A.
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 August 20, 2018. 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 MM -MISSION
OF THE CITY OF ANAHEIM
ATTEST:
f
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 August 20, 2018, by the following vote of the
members thereof:
AYES: COMMISSIONERS: CARBAJAL, DALATI, GILLESPIE, KEYS, WHITE
NOES: COMMISSIONERS: ARMSTRONG, LIEBERMAN
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 20'' day of August, 2018.
SECCRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT "A"
DEV NO.2016-OOOIOA
APN: 126-261-04
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Sources Recorded Tract Maps and/or City GIS.
Please note the accuracy is +/- two to five feet.
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EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2016-05857A
(DEV2016-00010A)
NO.
CONDITIONS OF APPROVAL
RESPONSIBLEDEPARTMENT
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 off site run-off
shall be blocked during and after grading operations or perimeter wall
Development
construction. Finish floor elevations shall be 1 -ft. minimum above
Services
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).
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLEDEPARTMENT
6
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 the State Water Resources Control Board and a
public Works
copy of the subsequent notification of the issuance of a Waste
Development
Discharge Identification (WDID) Number. The applicant shall prepare
Services
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
planning Services
Beach Boulevard. The unsubordinated easement agreement shall be in
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a form 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 Services
the western portion of the site adjacent to Beach Boulevard shall be
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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.
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLEDEPARTMENT
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
Utilities Department.
Water Engineering
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
have to be brought up to current standards. Any other large water
Public Utilities
system equipment shall be installed to the satisfaction of the Water
Engineering Division outside of the street setback area in a manner
Water Engineering
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.
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
coordinated and permitted through Water Engineering Division of the
Water Engineering
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
Public Utilities
if 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
Public Utilities
for Water Conservation Measures, including Chapter 10.18 of Anaheim
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
Public Utilities,
owner/developer shall coordinate with Electrical Engineering to
Electrical
establish electrical service requirements and submit electric system
Engineering
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLEDEPARTMENT
plans, electrical panel drawings, site plans, elevation plans, and related
technical drawings and specifications.
18
The property owner shall irrevocably offer to dedicate in a signed deed
Public Works
to the City of Anaheim an easement 60 -feet in width from the centerline
Development
of Ball Road for road, public utilities, and other public purposes.
Services
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
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 BUILDING AND ZONING INSPECTION
22
All required on-site Water Quality Management Plan and public right
Public Works
of way improvements shall be completed, operational, and are subject
Development
to 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 Services
described in the Noise and Vibration Impact Analysis memorandum
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(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
Traffic Engineering
on building plans.
26
Prior to connection of electrical service, the legal owner shall provide
Public Utilities,
to the City of Anaheim a Public Utilities easement with dimensions as
Electrical
shown on the approved utility service plan.
Engineering
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLEDEPARTMENT
27
Prior to connection of electrical service, the legal owner shall submit
Public Utilities,
payment to the City of Anaheim for service connection fees.
Electrical
Engineering
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
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
Police Department
to 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
Police Department
at least 2' x P 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
equals.
Water Engineering
36
That the developer/owner shall provide the Planning Department with
detailed plans for a decorative vehicular gate in accordance with City
Planning Services
Standard Detail No. 475 to secure the parking/vacuum area at close of
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business to prevent unauthorized parking and overnight camping.
37
That the developer/owner shall work with Planning staff on
Planning Services
determining a final color scheme for the exterior fagade of the
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automotive washing tunnel.
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLEDEPARTMENT
38
Parking lot striping shall be provided, per City Standard Detail No. 470.
Disabled parking spaces shall be provided in accordance with the
Planning Services
Americans Department with Disabilities Act and City Standard Detail
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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
Planning Services
light source, which shall adequately illuminate door areas at all hours
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to 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.
40
Landscaping shall be provided around the above ground large meter or
Planning Services
fire service to shield from view of street.
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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 Services
appropriate building materials. Said information shall be specifically
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shown on the plans submitted for building permits.
42
Landscaping shall be provided around the trash enclosure and HVAC
Planning Services
equipment enclosure.
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43
The applicant shall tender to the owner of the motel immediately
adjacent to and north of the subject property $6,000.00, which amount
reflects the cost to retrofit all or a portion of the 14 motel room windows
located between the westerly exit of the automotive washing tunnel
along the southerly facade of the hotel towards Beach Boulevard. The
Planning Services
Planning and Building Director is authorized to waive the applicant's
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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.
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 Services
carwash facility maintains a high quality appearance.
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLEDEPARTMENT
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
Road. This measure shall be implemented for a short timeframe, as
Traffic 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.
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
Code Enforcement
painted over within 24 hours of being applied.
52
The applicant shall be responsible for maintaining the premises in an
Planning Services
orderly fashion through the provision of regular maintenance and
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removal of trash or debris.
Enforcement
53
All automotive washing employees shall be required to park on the
Planning Services
subject property.
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54
The use of the vacuum equipped stalls shall not be limited to customers
Planning Services
vacuuming their cars.
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55
No required parking area shall be fenced or otherwise enclosed for
Planning Services
outdoor storage.
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
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
Planning Services
compatibility with the surrounding uses. The facility shall operate from
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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
Beach Boulevard shall be reviewed and approved by Caltrans, the
Planning Services
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Director of Planning and Building, and the Director of Public Works to
determine substantial conformance with the approved site plans and to
Public Works
ensure compatibility with the surrounding uses and traffic patterns.
Traffic Engineering
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
Planning and
concerning this permit or any of the proceedings, acts or determinations
Building Department,
taken, done, or made prior to the decision, or to determine the
Planning Services
reasonableness, legality or validity of any condition attached
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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.
59
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
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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 Department,
petitioner, which plans are on file with the Planning Department, and
Planning Services
as conditioned herein.
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