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Resolution-PC 2021-014RESOLUTION NO. PC2021-014 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2019-06031 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2018-00040) (125 NORTH STATE COLLEGE BOULEVARD) WHEREAS, the Planning Commission of the City of Anaheim ("Planning Commission") did receive a verified petition for Conditional Use Permit No. 2019-06031 to construct a new express carwash facility (herein referred to as the "Proposed Project") on that certain real property located at 125 North 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 0.63 -acres in size and is currently vacant. 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 Mixed -Use High land uses; and WHEREAS, on March 4, 2020, Governor Newsom proclaimed a State of Emergency in California as a result of the threat of COVID-l9. On March 17, 2020, Governor Newsom issued Executive Order N-29-20 (superseding the Brown Act -related provisions of Executive Order N- 25-20 issued on March 12, 2020), which allows a local legislative body to hold public meetings via teleconferencing and to make public meetings accessible telephonically or otherwise electronically to all members of the public seeing to observe and to address the local legislative body; and WHEREAS, pursuant to Executive Order N-29-20 the Planning Commission did hold a teleconferencing public hearing at the Civic Center in the City of Anaheim on April 26, 2021 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. 2019-06031 and to investigate and make findings and recommendation 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 Procedures, the City is 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 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 -1- PC2021-014 the provisions of CEQA, one of which being the construction of commercial buildings not exceeding 10,000 square feet in floor area on sites zoned for such use if not involving the use of significant amounts of hazardous substances where all necessary public services and facilities are available and the surrounding area is not environmentally sensitive. The Proposed Project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and WHEREAS, the Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing pertaining to the request for Conditional Use Permit No. 2019-06031, 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. 2. The request to permit the Proposed Project would not adversely affect the adjoining land uses, or the growth and development of the area. Specifically, the project would comply with the applicable development, landscaping, and parking standards and through the incorporation of the proposed twelve -foot combination block and plexiglass wall, would reduce noise generated by the carwash tunnel to a noise level that meets Anaheim Municipal Code requirements and would not significantly affect the neighboring properties. The design of the Proposed Project would also be compatible with the primarily commercial designated properties, which border the site through the incorporation of contemporary wood, glass, and stucco design elements and would not have an adverse effect on adjacent properties. 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. 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. Further, the Proposed Project will incorporate operational methods that will provide adequate on-site parking, queuing, and traffic flows to reduce any potential impacts. . S. The granting of the conditional use permit will not be detrimental to the health and safety of the citizens of the City of Anaheim because the Proposed Project would significantly improve the overall appearance of the project site, and is compatible with the surrounding area, subject to compliance with the conditions contained herein; and WHEREAS, the Planning Commission determines that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this Resolution, that the facts stated in this Resolution are supported by substantial evidence in the record, including testimony received at the public hearing, the staff presentations, the staff report and all materials in the project files. There is no substantial evidence, nor are there other facts, - 2 - PC2021-014 that negate 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. 2019-06031 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 maybe 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. - 3 - PC2021-014 THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of April 26, 2021. 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. CHA -ErS , PI.A � (i�tOMMISSION OF THE CITY OF ANAHEIM ATTEST: -., 4� /;� - OW -6 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 April 26, 2021, by the following vote of the members thereof. AYES: COMMISSIONERS: KRING, MEEKS, MULLEADY, PEREZ, VADODARIA WHITE NOES: COMMISSIONERS: KEYS ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 26" day of April 2021. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 4 - PC2021-014 EXHIBIT "A" (DEV2018-00040) __--�-` I R$-21 F LAS CASAS, II SINGLE FAMILY RESIDENCE_ __�-- r P 3 D� us 1--- E ALMONDDRALCOHOL 21 TREATMENT CENTER _ SINGLE FAMILY RESIDENCE � r MEDICAL OFF T r^ RELIMLIS USE RELIGIOUS 1 4 RS -2 %11 SINGLE F E AMILY RESIDENCE E CIPRE`+S T r - EVERGREN ROYALE£ RM -2 0 RM -4 CONDOS APARTMENTS 18 DU 2D DU }a C -G RU -11LU OFFICES RM -3 ` lu CYPRESS cove APARTMENTS r-_---' 1 27 DU Q 4-L U MEDICAL OFFICE d� EVERGREEN ROYALLE - Ln C -G - —T IESTAWtANT i C -G DEV 2018-00040 rG^T4URANT C,C, C -G EVERGREEN OFFICES ROYALLE _ _T j'C T OFFICES I NURSING NOME C -G T SFR �--5'� E CECT ,VLSI OFFlCES� �+{FOURPLEX~ C -G OFFICE AUTO REPAA, SERVICE C -G rl C -G t — C-0RESTAURANT AUTO REWFU ;ERVICE RETAIL MEDICAL OFFICE E FRONTAGE RD ��� F tlryc�LN qVE APN: 035 -?90-63 ® Subject Property DEV No_ 2018-00040 125 North State College Boulevard I� ( w C -G f RETAIL RS -Z SINGLE FAMILY RESIDENCE C -G RETAIL SINGLE FAMILY RESIDEM 1 E BLANCHARD AVE. w —C -G U - RETAIL i rya I C -G N N C RETAIL C a Cr41 tr 4 7 C G U) W RETAIL E}UNDERHILL AVE C G l 2T RESTAURANT T III I Rw2 1 I SINGLE FAMILY RESIDENCE Ti e -G ^ �'RS-2 RESTAURANT SINGLE FAMILY RESIDENCE _ C -G •.. N C�GTAMPM.O RS -2 i RESTAURANTVOTELSINGLE FAMILY RESIDER C -G C Ft 2 RESTAURANT TAMPICOSINGLE FAMILY RESIDE i MOTEL' E WARD TER RETAIL - 5 - PC2021-014 LAS CASAS, f APARTMENT r P 3 D� us f-� � r MEDICAL OFF �l O -L r^ OFFICES. '�L -� OFFICES C -G RU -11LU OFFICES RM -3 ` lu CYPRESS cove APARTMENTS r-_---' 1 27 DU Q 4-L U MEDICAL OFFICE d� EVERGREEN ROYALLE - Ln C -G - —T IESTAWtANT i C -G DEV 2018-00040 rG^T4URANT C,C, C -G EVERGREEN OFFICES ROYALLE _ _T j'C T OFFICES I NURSING NOME C -G T SFR �--5'� E CECT ,VLSI OFFlCES� �+{FOURPLEX~ C -G OFFICE AUTO REPAA, SERVICE C -G rl C -G t — C-0RESTAURANT AUTO REWFU ;ERVICE RETAIL MEDICAL OFFICE E FRONTAGE RD ��� F tlryc�LN qVE APN: 035 -?90-63 ® Subject Property DEV No_ 2018-00040 125 North State College Boulevard I� ( w C -G f RETAIL RS -Z SINGLE FAMILY RESIDENCE C -G RETAIL SINGLE FAMILY RESIDEM 1 E BLANCHARD AVE. w —C -G U - RETAIL i rya I C -G N N C RETAIL C a Cr41 tr 4 7 C G U) W RETAIL E}UNDERHILL AVE C G l 2T RESTAURANT T III I Rw2 1 I SINGLE FAMILY RESIDENCE Ti e -G ^ �'RS-2 RESTAURANT SINGLE FAMILY RESIDENCE _ C -G •.. N C�GTAMPM.O RS -2 i RESTAURANTVOTELSINGLE FAMILY RESIDER C -G C Ft 2 RESTAURANT TAMPICOSINGLE FAMILY RESIDE i MOTEL' E WARD TER RETAIL - 5 - PC2021-014 EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2019-06031 (DEV2018-00040) 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 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.I1 of the ©range County Services Drainage Area Management Plan (DAMP) for New Development/Significant Redevelopment projects. 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 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 5 All required plans and studies shall be prepared by a Registered Public Works, Professional Engineer in State of California Development Services - 6 - PC2021-414 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 6 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 7 The Civil Engineer shall survey anelevation certify the design pad elevati Public Works, and submit a line and grade certification and a pad compaction Development report for review and approval to Public Works. Services 8 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 9 The legal owner shall submit an application for a Subdivision Map Public Works, Act Certificate of Compliance to the Public Works Development Development Services Division. The Certificate of Compliance shall be approved Services by the City Surveyor and recorded in the Office of the Orange County Recorder. 10 The developer shall submit street improvement plans and a cost Public Works, estimate for review and approval. The developer shall obtain a right Development of way construction permit, and post a security (Performance and Services Labor & Materials Bonds) in an amount approved by the City Engineer and in a form approved by the City Attorney for the construction of all required public improvements within the City street right of way of State College Blvd. Improvements shall conform to the applicable City Standards and as approved by the City Engineer. The improvements shall include but are not limited to curb and gutter, sidewalk, new driveways, parkway drain, replacement of the existing curb ramp, and relocation of existing conflicting utilities (as determined and approved by the City Engineer). 11 A private water system with separate water service for domestic Public Utilities, water and irrigation water shall be provided and sown on the plans Water Engineering submitted to the Water Engineering Division of the Anaheim Public Utilities Department. 12 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 - 7 - PC2021-014 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 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. 13 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. 14 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. 15 The Car Wash shall comply with all state laws and local ordinances Public Utilities, for Water Conservation Measures, including Chapter 10.1 S of Water Engineering Anaheim Municipal Code and Ordinance relating to Water Reduction provisions. 16 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. 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 plans, electrical panel drawings, site plans, elevation plans, and related technical drawings and specifications. 18 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 - 8 - PC2021-014 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 19 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 20 That prior to the issuance of building permits, plans shall show R3- public Works, 5(R) (RIGHT -TURN -ONLY) sign, R5-1 (DO NOT ENTER) sign, Traffic R5-1 a (WRONG WAY) sign, right -turn arrow pavement legend at Engineering the exit -only driveway. Subject property shall thereupon be developed and maintained in conformance with said plans. 21 That prior to the issuance of a building permit, street improvement public Works, plans shall be submitted showing R6 -1(R) (ONE-WAY) sign on the Traffic median directly in front of the exit -only driveway for review and Engineering approval. Sign shall be installed prior to the first building and zoning inspection. 22 Property owner/developer shall be responsible for design and Public Works, construction of the traffic signal modifications identified in the Trip Traffic Generation Analysis and Assessment Memorandum prepared by Engineering RK Engineering dated July 16, 2020. Prior to the issuance of the building permits, the property owner/developer shall submit traffic signal modification plans to the Public Works Department - Traffic Engineering for the identified traffic signal modifications required at Underhill Avenue/State College Boulevard. All traffic signal modifications and improvements shall be completed prior to final building and zoning inspection. 23 That prior to issuance of building permits, a bond shall be posted public Works, for all traffic related improvements including, but not limited to Traffic directional signage, and traffic signal modifications as required for Engineering said project. All improvements identified as required for the project opening shall be completed prior to final building and zoning inspection. PRIOR TO FINAL BUILDINGAND ZONING INSPECTIONS 24 All public improvements shall be constructed by the developer, Public Works, inspected and approved by Construction Services prior to the final Development building and zoning inspection. Services 25 All remaining fees/deposits required by Public Works department Public Works, must be paid in full. Development Services - 9 - PC2021-014 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 26 All required on-site Water Quality Management Plan, sewer, storm Public Works, drain, and public right-of-way improvements shall be completed, Development operational, and are subject to review and approval by the Public Services Works inspector. 27 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. OPERATIONAL CONDITIONS 28 Ongoing during project operation, should the vehicle queue reach Public Works, State College Boulevard, staff members shall be positioned at the Traffic end of the on-site queue near the project entrance to direct traffic. Engineering This measure shall be implemented for a short timeframe, as needed, until the queue dissipates. 29 Ongoing during project operation, vehicle deliveries including public Works, loading and unloading shall be performed on site during non- Traffic business hours. Delivery vehicles shall not block any park of the Engineering public right of way. GENERAL CONDITIONS 30 Vehicle gates shall not be installed across the project driveways or Public Works, access roads without providing a vehicle turnaround area to the Traffic satisfaction of the City Engineer. Engineering 31 The following minimum clearances shall be provided around all Public Utilities, new and existing public water facilities (e.g. fire hydrants, service Water Engineering laterals, meters, meter boxes, backflow devices, etc.): • 10 feet from structures, footings, walls, stormwater BMPs, power poles, streetlights, 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. _10- PC2021-014 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 32 No public water mains or laterals allowed under driveways, parking Public Utilities stalls or parking lots. Water Engineering 33 Hours of Operation for the carwash facility shall be restricted to Planning and 7:00 a.m. to 9:00 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. 34 During times when vehicle volumes are high the carwash staff shall Planningand notify customers that the vacuum stations will be limited a 10- Building, minute time maximum. Planning Services Division 35 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. 36 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. - 11 - PC2021-014 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 3 7 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 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. 38 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 -12- PC2021-014