Resolution-PC 2019-037RESOLUTION NO. PC2019-037
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ANAHEIM APPROVING
CONDITIONAL USE PERMIT NO. 2019-06006, VARIANCE NO. 2019-05121,
AND ADMINISTRATIVE ADJUSTMENT NO. 2019-00433 AND
MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2019-00017)
(407 SOUTH STATE COLLEGE BOULEVARD)
WHEREAS, the Planning Commission of the City of Anaheim ("Planning Commission")
did receive a verified petition for Conditional Use Permit No. 2019-06006, Variance No. 2019-
05121 and Administrative Adjustment No. 2019-00433 to construct a new express carwash facility
with reduced landscape setbacks and increased building height (herein referred to as the "Proposed
Project") on that certain real property located at 407 South State College Boulevard in the City of
Anaheim, as generally depicted on the map attached hereto as Exhibit A and incorporated herein
by this reference (the "Property"), pursuant to Section 18.60.090 of the Anaheim Municipal Code
("Code"); and
WHEREAS, the Property is approximately 0.77- acres in size and is developed with a 4,300
square foot, 1 -story commercial building. The Property is located in the C -G (General
Commercial) zone and is, therefore, subject to the zoning and development standards described in
Chapter 18.08 (Commercial zones) of the Code. The Land Use Element of the Anaheim General
Plan designates the Property for Office -Low land uses; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on September 4, 2019 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 proposed Conditional Use Permit No.
2019-06006, Variance No. 2019-05121, and Administrative Adjustment No. 2019-00433, 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
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
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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. 2019-06006, does find and
determine the following facts:
1. The Proposed Project is an allowable use within the "C -G" 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"
Commercial Zone; and
2. The request to permit the Proposed Project would not adversely affect the adjoining
land uses, or the growth and development of the area because the conditions of approval contained
herein will mitigate any potential impacts to surrounding residential properties. Furthermore, the
Proposed Project will improve the aesthetics 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 nor to the health and safety of the
public 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, based upon the request letter submitted by the applicant and observations
made by staff, the Planning Commission does further find and determine that the request for
Variance No. 2019-05121 to permit landscape setbacks less than required by the Code should be
approved for the following reasons:
SECTION NO. 18.08.060.010.0101
15 feet required along any arterial highway
10 feet required along residential zone boundary
Minimum Landscaped Setback.
10 feet proposed
3 feet proposed
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1. That there are special circumstances applicable to the Property, including size, shape,
location and surroundings, which do not apply to other properties under the identical zoning
classification in the vicinity of the Proposed Project. The subject property has a lot width of
approximately 265 feet and a lot depth of approximately 117 feet and abuts residential property to
the rear. Additional setback and building height restrictions apply to this project that do not apply
to other properties that abut non-residential properties.
2. There are other sites with similar lot sizes and lot depths that are developed with
commercial uses that do not have the same circulation constraints that a self-service express
carwash has due to the area needed to accommodate queuing lanes, drive aisles for vacuum stalls,
and the full landscape setback along the street frontage and residential property lines.
3. That, because of these special circumstances, strict application of the Zoning Code
deprives the property of privileges enjoyed by other property under the identical zoning
classification in the vicinity because similar front landscape setback variances have previously
been approved for other automotive service oriented uses throughout the City.
WHEREAS, the Planning Commission does further find and determine that the request for
Administrative Adjustment No. 2019-00433 may be approved for the following reasons:
SECTION NO. 18.08.050 Maximum Structural Heim
(20 feet permitted; 22 feet proposed)
1. The adjustment for a 10% increase in the allowable building height for structures within
150 feet of a single-family residential zone is consistent with the purposes and intent of the Zoning
Code because the new express carwash facility includes a roof element and an architectural
element specific to the business that will provide unique design features to the facility. The
additional two feet is negligible in massing as the roof element and architectural feature occurs
gradually across the lateral plane of the building and is located on the eastern side of the property
away from the existing residences; and
2. The same or similar result cannot be achieved by using provisions in the Zoning Code
that do not require the adjustment. The Zoning Code restricts structures over 20 feet in height
within 50 feet of single-family residential zoned properties. The application of the 10% adjustment
to the 50 -foot setback would result in only a 5 -foot reduction in the required setback, insufficient
to allow the proposed 22 -foot building height; and
3. The adjustment will allow for the screening of rooftop mechanical equipment in a
manner architecturally compatible with the overall design of the building, and will not produce a
result that is out of character or detrimental to the neighborhood as the carwash is designed to be
a compatible use with the surrounding area; therefore, the Proposed Project would not negatively
impact the surrounding neighborhood.
and;
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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 this Planning Commission does hereby
approve Conditional Use Permit No. 2019-06006, Variance No. 2019-05121, and Administrative
Adjustment No. 2019-00433 at the Property, contingent upon and subject to the conditions of
approval described 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 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 (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
September 4, 2019. 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.
CHAI RSON, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
ATTEST:
J'd.' /-�2 gr"
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 September 4, 2019, by the following vote of the
members thereof:
AYES: COMMISSIONERS: ARMSTRONG, KEYS, LIEBERMAN, MEEKS,
MULLEADY, VADODARIA, WHITE
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
2019.
IN WITNESS WHEREOF, I have hereunto set my hand this 4t' day of September,
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT "A"
DEV NO. 2019-00017
APN: 037-222-05
037-222-36
037-222-37
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Source: Recorded Tract Maps andlor City GIS.
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EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2019-06006
VARIANCE NO. 2019-05121
ADMINISTRATIVE ADJUSTMENT NO. 2019-00433
(DEV2019-00017)
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
PRIOR TO ISSUANCE OF GRADING PERMITS
1
Prepare and submit a final grading plan showing building footprints,
Public Works,
pad elevations, finished grades, drainage routes, retaining walls,
Development
erosion control and other pertinent information in accordance with
Services
Anaheim Municipal Code and the California Building Code, latest
edition.
2
Prepare and submit a final drainage/hydrology study, including
Public Works,
supporting hydraulic and hydrological data to the City of Anaheim
Development
for review and approval. The study shall confirm or recommend
Services
changes to the City's adopted Master Drainage Plan by identifying
off-site and on-site storm water runoff impacts resulting from build-
out of permitted General Plan land uses. In addition, the study shall
identify the project's contribution and shall provide locations and
sizes of catchments and system connection points and all
downstream drainage -mitigating measures including but not limited
to offsite storm drains and interim detention facilities.
3
Submit a Geotechnical Report to the Public Works Development
Public Works,
Services Division for review and approval. The report shall include
Development
any proposed infiltration features of the WQMP.
Services
4
The final Water Quality Management Plan (WQMP) shall be
Public Works,
submitted for review and approval to Public Works Development
Development
Services and comply with the most current requirements of the
Services
Orange County Drainage Area Management Plan (DAMP).
5
The legal property owner shall submit an abandonment application
Public Works,
for the vacation of the existing alley on the project site. Such
Development
abandonment shall be approved by City Council prior to grading
Services
permit issuance.
6
A signed and notarized Right -of -Entry shall be provided for all
Public Works,
work that will be performed in the neighboring properties under
Development
different ownership.
Services
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
7
The Owner/Developer shall submit a set of improvement plans for
Public Utilities,
Public Utilities Water Engineering review and approval in
Water Engineering
determining the conditions necessary for providing water service to
the project.
PRIOR TO ISSUANCE OF BUILDING PERMITS
8
The Civil Engineer shall survey and certify the design pad elevation
Public Works,
and submit a line and grade certification.
Development
Services
9
Prior to the issuance of the building permit, street improvement
Public Works,
plans shall be submitted to the Public Works Department,
Development
Development Services Division for review and approval. The
Services
improvements shall include but not limited to removal and
reconstruction of alley, driveway approaches, curb and gutter,
pavement, bust stop relocation with new bus pad, utility removals,
installations, etc. as determined and approved by the City Engineer.
The developer's engineer shall submit to the City for review and
approval an engineering cost estimate for the cost of the required
improvements.
10
The legal property owner shall submit an application for a
Public Works,
Subdivision Map Act Certificate of Compliance to the Public Works
Development
Department, Development Services Division. A Certificate of
Services
Compliance or 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.
11
The applicant shall submit to the Public Works Development
Public Works,
Services Division for review and approval a Lot Line Adjustment
Development
document. The document shall be approved by the City Surveyor
Services
and recorded, along with conforming deed, in the office of the
Orange County Recorder.
12
The developer shall submit street improvement plans, obtain a right
Public Works,
of way construction permit, and post a security (Performance and
Development
Labor & Materials Bonds) in an amount approved by the City
Services
Engineer and in a form approved by the City Attorney for the
construction of all required public improvements along State
College Blvd and any necessary improvements on the alley adjacent
to the property. Public improvements shall conform to the
applicable City Standards and as approved by the City Engineer.
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
13
The applicant shall coordinate with OCTA to relocate the bus stop
Public Works,
and all other facilities.
Traffic
Engineering
14
A private water system with separate water service for fire
Public Utilities,
protection and domestic water shall be provided and shown on plans
Water Engineering
submitted to the Water Engineering Division of the Anaheim Public
Utilities Department.
15
All backflow equipment shall be located above ground outside of
Public Utilities,
the street setback area in a manner fully screened from all public
Water Engineering
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 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.
16
All requests for new water services, backflow equipment, or fire
Public Utilities,
lines, as well as any modifications, relocations, or abandonments of
Water Engineering
existing water services, backflow equipment, and fire lines, shall be
coordinated and permitted through Water Engineering Division of
the Anaheim Public Utilities Department.
17
All existing water services and fire services shall conform to current
Public Utilities,
Water Services Standards Specifications. Any water service and/or
Water Engineering
fire 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.
18
The Car Wash shall comply with all state laws and local ordinances
Public Utilities,
for Water Conservation Measures, including Chapter 10.18 of
Water Engineering
Anaheim Municipal Code and Ordinance relating to Water
Reduction provisions.
19
The Owner/Developer shall submit to the Public Utilities
Public Utilities,
Department Water Engineering Division an estimate of the
Water Engineering
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 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.
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
20
Water improvement plans shall be submitted to the Water
Public Utilities,
Engineering Division for approval and a performance bond in the
Water Engineering
amount approved by the City Engineer and form approved by City
Attorney shall be posted with the City of Anaheim.
21
Applicant shall contact Water Engineering for recycled water
Public Utilities,
system requirements and specific water conservation measures to
Water Engineering
be incorporated into the building and landscape construction plans.
22
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
plans, electrical panel drawings, site plans, elevation plans, and
related technical drawings and specifications.
23
Prior to connection of electrical service, the legal owner shall
Public Utilities,
provide to the City of Anaheim a Public Utilities easement with
Electrical
dimensions as shown on the approved utility service plan.
Engineering
24
Prior to connection of electrical service, the legal owner shall
Public Utilities,
submit payment to the City of Anaheim for service connection fees.
Electrical
Engineering
25
The managers and/or owners shall be responsible for maintaining
Planning and
the area adjacent to the premises over which they have control, in
Building
an orderly fashion through the provision of regular maintenance and
Code Enforcement
removal of trash or debris. Any graffiti painted or marked upon the
Division
premises or on any adjacent area under the control of the licensee
shall be removed or painted over within 24 hours of being applied.
PRIOR TO FINAL BUILDING AND ZONING INSPECTIONS
26
The Developer shall construct all improvements along State College
Public Works,
Boulevard and on the adjacent alley. Said improvements shall be
Development
inspected and approved by the Public Works Inspector prior to the
Services
final building and zoning inspections.
27
All remaining fees/deposits required by Public Works department
Public Works,
must be paid in full.
Development
Services
28
All required on-site Water Quality Management Plan and public
Public Works,
right of way improvements shall be completed, operational, and are
Development
subject to review and approval by the Public Works Inspector.
Services
_10- PC2019-037
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
29
Owner/Developer shall install an approved backflow prevention
Public Utilities,
assembly on the water service connection(s) serving the property,
Water Engineering
behind property line and building setback in accordance with Public
Utilities Department Water Engineering Division requirements.
30
The Owner/Developer shall clearly depict the design of the 3 -foot
Planning and
wide planter and new 10 -foot high masonry wall along the west
Building
property line. The types and quantities of landscaping material shall
planning Services
provide for adequate screening of the block wall. The usable planter
Division
bed shall not be encumbered by the footings or retaining portions of
the block wall. The landscape material shall be installed prior to
final building inspection.
GENERAL CONDITIONS
31
The following minimum clearances shall be provided around all
Public Utilities,
new and existing public water facilities (e.g. water mains, fire
Water Engineering
hydrants, service laterals, meters, meter boxes, backflow devices,
etc.):
• 10 feet from structures, footings, walls, stormwater BMPs,
power poles, street lights, and trees.
• 5 feet from driveways, BCR/ECR of curb returns, and all other
utilities (e.g. storm drain, gas, electric, etc.) or above ground
facilities.
32
Hours of Operation for the carwash facility shall be restricted to
Planning and
7:00 a.m. to 8:00 p.m. seven days a week. Any changes to the
Building,
facility's hours of operation shall be subject to review and approval
Planning Services
by the Planning Director to determine substantial conformance and
Division
to ensure compatibility with the surrounding uses.
33
All new landscaping shall be installed in conformance with Chapter
Planning and
18.46 "Landscape and Screening" of the Anaheim Municipal Code
Building,
and shall be maintained in perpetuity. Landscaping shall be
planning Services
replaced in a timely manner in the event that it is removed,
Division
damaged, diseased and/or dead.
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
34
The Applicant is responsible for paying all charges related to the
Planning and
processing of this discretionary case application within 30 days of
Building,
the issuance of the final invoice or prior to the issuance of building
planning Services
permits for this project, whichever occurs first. Failure to pay all
Division
charges shall result in delays in the issuance of required permits or
may result in the revocation of the approval of this application.
35
The Applicant shall defend, indemnify, and hold harmless the City
Planning and
and its officials, officers, employees and agents (collectively
Building,
referred to individually and collectively as "Indemnitees") from any
planning Services
and all claims, actions or proceedings brought against Indemnitees
Division
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, or in furtherance,
or in implementing 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.
36
The property shall be developed substantially in accordance with
Planning and
plans and specifications submitted to the City of Anaheim by the
Building,
applicant and which plans are on file with the Planning Department
planning Services
and as conditioned herein.
Division
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