Resolution-PC 2020-021RESOLUTION NO. PC2020-021
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ANAHEIM APPROVING
CONDITIONAL USE PERMIT NO. 2019-06042 AND
MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2019-00097)
(1240 NORTH EUCLID STREET)
WHEREAS, the Planning Commission of the City of Anaheim ("Planning Commission")
did receive a verified petition for Conditional Use Permit No. 2019-06042 to construct a new
express carwash facility with increased building height for architectural pylon features (herein
referred to as the "Proposed Project") on that certain real property located at 1240 North Euclid
Street 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 0.79 -acres in size and is developed with a
vacant commercial building and an existing convenience market. 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 Corridor Residential land uses; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on May 11, 2020 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.
2019-06042, 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
cause a significant effect on the environment and is, therefore, categorically exempt from the
provisions of CEQA; and
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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. 2019-06042, 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"
General 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, 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 to permit the structural height deviation portion of Conditional
Use Permit No. 2019-06042, where a maximum height of twenty (20) feet is allowed and forty
three (43) feet is proposed for seven (7) architectural pylon features, does find and determine the
following facts:
1. The increased height for seven (7) architectural pylon features will not be compatible
with the surrounding residential and commercial uses and is not approved. The height of the
pylons would extend twice the height of the building and would set undesirable precedent for
exceeding height limitations in commercially zoned properties that abut residential uses.
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.
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NOW, THEREFORE, BE IT RESOLVED that this Planning Commission does hereby
approve Conditional Use Permit No. 2019-06042 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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
May 11, 2020. 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.
ATTEST:
�_�
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
A
/ / A
00e • •
PLANNIN
OF OF
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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 11, 2020, by the following vote of the members
thereof:
AYES: COMMISSIONERS: ARMSTRONG, KEYS, MEEKS, VADODARIA
NOES: COMMISSIONERS: MULLEADY, WHITE
ABSENT: COMMISSIONER: LIEBERMAN
IN WITNESS WHEREOF, I have hereunto set my hand this 11th day of May, 2020.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT "A"
DEV NO. 2019-00097
APN: 073-384-61
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EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2019-06042
(DEV2019-00097)
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 study, including supporting
Public Works,
hydraulic and hydrological data to the City of Anaheim for review
Development
and approval. The study shall confirm or recommend changes to
Services
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 Water Quality Management Plan (WQMP) to the City for
Public Works,
review and approval. The WQMP shall be consistent with the
Development
requirements of Section 7 and Exhibit 7.II of the Orange County
Services
Drainage Area Management Plan (DAMP) for New Development/
Significant Redevelopment projects. The WQMP shall identify
potential sources of pollutants during the long-term on-going
maintenance and use of the proposed project that could affect the
quality of the stormwater runoff from the project site; define Source
Control, Site Design, and Treatment Control (if applicable) best
management practices (BMPs) to control or eliminate the discharge
of pollutants into the surface water runoff; and provide a monitoring
program to address the long-term implementation of and
compliance with the defined BMPs.
4
The owner shall obtain the required coverage under California's
Public Works,
General Permit for Stormwater Discharges associated with
Development
Construction Activity by providing a copy of the Notice of Intent
Services
(NOI) submitted to the State Water Resources Control Board and a
copy of the subsequent notification of the issuance of a Waste
Discharge Identification (WDID) number.
5
The owner shall prepare a Stormwater Pollution Prevention Plan
Public Works,
(SWPPP). The SWPPP shall be kept at the project site and be
Development
Services
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
available for Public Works Development Services Division review
upon request.
6
The owner/developer shall apply for a Right -of -Way Construction
Public Works,
Permit (RCP) and shall submit improvement plans, for the
Development
construction of required public improvements, to the Public Works
Services
Development Services Division for review, approval, and to
determine the bond amounts.
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 SUBMITTAL FOR BUILDING PERMITS
8
Construction Drawings submitted for plan check shall be consistent
Planning and
with the conditions imposed by the Planning Commission which
Building,
include reducing the height of the architectural pylon features to
comply with the Anaheim Municipal Code.
planning Services
PRIOR TO ISSUANCE OF BUILDING PERMITS
9
The developer shall obtain a Right -of -Way Construction Permit
Public Works,
(RCP) and post a security for construction of all required public
Development
improvements within street right of way.
Services
10
Any/all existing easements in conflict with the proposed structures
Public Works,
shall be abandoned and the abandonment document recorded prior
Development
to issuance of any building permits.
Services
11
Provide a certificate, from a Registered Civil Engineer, certifying
Public Works,
that the finished grading has been completed in accordance with the
Development
City approved grading plan.
Services
12
The owner/developer shall provide reciprocal access and parking
Public Works,
easements for all access points to adjacent lots, obtain Public Works
Development
Department's review and approval and record the easements prior
Services
to the issuance of Building Pen -nit.
Planning Services
13
Prior to building permit issuance, turn around stalls in adjacent
Public Works,
property shall be provided.
Development
Services
14
Turn -around stalls shall be provided at the end of the drive aisle on
Public Works,
the adjacent parcel to the north as depicted on the Site Plan.
Traffic
Engineering
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
15
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.
16
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.
17
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.
18
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.
19
The Owner shall irrevocably offer to dedicate to the City of
Public Utilities,
Anaheim (i) an easement for all large domestic above -ground water
Water Engineering
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 Water Engineering Division of
the Public Utilities Department's standard water easement deed.
The easement deeds shall include language that requires the Owner
to be responsible for restoring any 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 surface
improvements other than asphalt paving shall be the responsibility
of the Owner and included and recorded in the Master CC&Rs for
the project.
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
20
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.
21
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.
22
Individual water service and/or fire line connections will be
Public Utilities,
required for each parcel or residential, commercial, industrial unit
Water Engineering
per Rule 18 of the City of Anaheim's Water Rates, Rules and
Regulations.
23
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.
24
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.
25
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
26
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
27
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
removal of trash or debris. Any graffiti painted or marked upon the
Code Enforcement
premises or on any adjacent area under the control of the licensee
Division
shall be removed or painted over within 24 hours of being applied.
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
PRIOR TO FINAL BUILDING AND ZONING INSPECTIONS
28
All public improvements shall be constructed by the developer,
Public Works,
inspected and accepted by Construction Services prior to final
Development
building and zoning inspection.
Services
29
All remaining fees/deposits required by Public Works Department
Public Works,
must be paid in full.
Development
Services
30
Set all Monuments in accordance with the final map and submit all
Public Works,
centerline ties to Public Works Department. Any monuments
Development
damaged as a result of construction shall be reset to the satisfaction
Services
of the City Engineer.
31
Prior to final building and zoning inspection, fire lanes shall be
Public Works,
posted with "No Parking Any Time." Said information shall be
Traffic
specifically shown on plans submitted for building permits.
Engineering
32
Ongoing during project operation, should the vehicle queue reach
Public Works,
Euclid Street, staff members shall be positioned at the end of the
Traffic
on-site queue to direct traffic. This measure shall be implemented
Engineering
for a short timeframe, as needed, until the queue dissipates.
33
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.
GENERAL CONDITIONS
34
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.
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
35
The facility shall operate in accordance with the Letter of Operation
Planning and
submitted as part of the application. Any changes to the car wash
Building,
operation described in the Letter of Operation, including the hours
planning Services
of operation for the carwash facility (7:00 a.m. to 8:00 p.m. seven
Division
days a week), shall be subject to review and approval by the
Planning and Building Director to determine substantial
conformance with said letter and to ensure compatibility with the
surrounding uses.
36
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.
37
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
permits for this project, whichever occurs first. Failure to pay all
planning Services
charges shall result in delays in the issuance of required permits or
Division
may result in the revocation of the approval of this application.
38
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
to attack, review, set aside, void, or annul the decision of the
Division
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.
39
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
and as conditioned herein.
planning Services
Division
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