Loading...
Resolution-PC 2022-072 -1- PC2022-072 RESOLUTION NO. PC2022-072 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2021-06125 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2021-00126) (1100 NORTH TUSTIN AVENUE) WHEREAS, the Planning Commission of the City of Anaheim ("Planning Commission") did receive a verified petition for Conditional Use Permit No. 2021-06125 to construct a new express carwash facility (herein referred to as the "Proposed Project") on that certain real property located at 1100 North Tustin Avenue 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 0.73-acre Property is currently developed with 15,372 square foot two- story office building located within the “SP2015-1” Anaheim Canyon Specific Plan zone in Development Area 1 (DA1), and is designated for Industrial land uses in the General Plan; and WHEREAS, on July 6, 2022, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim, 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 Anaheim Municipal Code (the "Code"), to hear and consider evidence for and against said proposed Conditional Use Permit No. 2021-06125, 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 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 that the effects of the proposed project are Categorically Exempt from the requirements to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines, Section 15303, Class 3 (New Construction or Conversion of Small Structures). Class 3 consists of the construction and location of limited numbers of new small structures or facilities. In urbanized areas, this exemption applies for up to four commercial buildings that comprise a total of 10,000 square feet. The proposed project is for a 6,500 square foot express carwash. Pursuant to Section 15300.2 (c) and 15303 of Title 14 of the California Code of Regulations, and as further described in this staff report, there are no unusual circumstances in respect to the proposed project for which staff would anticipate a significant effect on the environment and, therefore, the proposed project would be categorically exempt from the provisions of CEQA; and - 2 - PC2022-072 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. 2021-06125, does find and determine the following facts: 1. The Proposed Project is an allowable use within Development Area 1 (DA1) of the Anaheim Canyon Specific Plan (SP2015-1), zone under subsection .010 of Section 18.120.040 (Uses) of Chapter 18.120 (Anaheim Canyon Specific Plan No. 2015-1 Zoning and Development Standards) of the Code, subject to a conditional use permit and the zoning and development standards of the Anaheim Canyon Specific Plan (SP 2015-1) 2. The Proposed Project would not adversely affect the adjoining land uses, or the growth and development of the area because the project would comply with the applicable development, landscaping, and parking standards and through the incorporation of the proposed 9-foot block wall, would reduce noise generated by the carwash tunnel to a noise level that meets Code requirements and would not significantly affect the neighboring industrial properties. The design of the Proposed Project would also be compatible with the primarily industrial designated properties, which border the site through the incorporation of contemporary metal, 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, 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. 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 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 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. 2021-06125 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 - 5 - PC2022-072 EXHIBIT “A” (DEV2021-00126) - 6 - PC2022-072 EXHIBIT “B” CONDITIONAL USE PERMIT NO. 2021-06125 (DEV2021-00126) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT WITHIN 30 DAYS OF APPROVAL OF THE CONDITIONAL USE PERMIT 1 Owner/Developer shall install an approved backflow prevention assembly on the water service connection(s) serving the property, behind property line and building setback in accordance with Public Utilities Department Water Engineering Division requirements. Public Utilities Water Engineering PRIOR TO ISSUANCE OF GRADING PERMITS 2 Prepare and submit a final grading plan showing building footprints, pad elevations, finished grades, drainage routes, retaining walls, erosion control, slope easements, and other pertinent information in accordance with Anaheim Municipal Code and the California Building Code, latest edition. Public Works, Development Services 3 Prepare and submit a final drainage study, including supporting hydraulic and hydrological data to the City of Anaheim for review and approval. The study shall confirm or recommend 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. Public Works, Development Services 4 All required plans and studies shall be prepared by a Registered Professional Engineer. Public Works, Development Services 5 Submit Water Quality Management Plan (WQMP) to the City for review and approval. The WQMP shall be consistent with the requirements of Section 7 and Exhibit 7.II of the Orange County 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 storm water 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 Public Works, Development Services - 7 - PC2022-072 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT BMPs. Submit PDF via GoPost and a plan checking deposit to the Public Works/Development Services for consideration and approval. 6 The Owner/Developer shall submit a set of improvement plans for Public Utilities Water Engineering review and approval in determining the conditions necessary for providing water service to the project. Public Works, Development Services PRIOR TO ISSUANCE OF BUILDING PERMITS 7 Prior to the issuance of building permits, plans shall show R3-5(R) (RIGHT-TURN-ONLY) sign, R5-1(DO NOT ENTER) sign, R5-1a (WRONG WAY) sign, and right-turn arrow pavement legend at the exit-only driveway. Subject property shall thereupon be developed and maintained in conformance with said plans. Public Works, Traffic Engineering 8 Prior to the issuance of a building permit, street improvement plans shall be submitted showing R6-1(R) (ONE-WAY) sign on the median directly in front of the exit-only driveway for review and approval. Sign shall be installed prior to the first building and zoning inspection. Public Works, Traffic Engineering 9 The legal property owner shall irrevocably offer to dedicate to the City of Anaheim, for road, public utilities and other public purposes, the right-of-way easements described below: • 1 foot in width on Tustin Ave • 7 feet in width on La Palma Ave • Corner cut on Tustin Ave and La Palma Ave Public Works, Development Services 10 Provide a certificate, from a Registered Civil Engineer, certifying that the finished grading has been completed in accordance with the City approved grading plan. Public Works, Development Services 11 A Right of Way Construction Permit shall be obtained from the Development Services Division for all work performed in the public right-of-way. Public Works, Development Services 12 Design per City Standards full improvements for all impacted and interior streets/facilities in accordance with City Code, Standards and Specifications. Such improvements may include, but not be limited to the following: all driveways shall comply with standard 115-B Public Works, Development Services 13 The legal owner shall submit an application for a Subdivision Map Act Certificate of Compliance to the Public Works Development Services Division. The Certificate of Compliance shall be approved by the City Surveyor and recorded in the Office of the Orange County Recorder. Public Works, Development Services - 8 - PC2022-072 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 14 Submit an interim soils report indicating pad compaction and site stability prepared by the project's Geotechnical Engineer of Record. The pad compaction report needs to include a site plan showing the compaction testing locations. Public Works, Development Services 15 Water improvement plans shall be submitted to the Water Engineering Division for approval and a performance bond in the amount approved by the City Engineer and form approved by City Attorney shall be posted with the City of Anaheim. Public Utilities, Water Engineering 16 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 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. Public Utilities, Water Engineering 17 All requests for new water services, backflow equipment, or fire lines, as well as any modifications, relocations, or abandonments of existing water services, backflow equipment, and fire lines, shall be coordinated and permitted through Water Engineering Division of the Anaheim Public Utilities Department. Public Utilities, Water Engineering 18 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 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. Public Utilities, Water Engineering 19 The Owner shall irrevocably offer to dedicate to the City of Anaheim (i) an easement for all large domestic aboveground water 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 Public Utilities, Water Engineering - 9 - PC2022-072 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 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. 20 The car wash shall comply with all state laws and local ordinances for Water Conservation Measures, including Chapter 10.18 of Anaheim Municipal Code and Ordinance relating to Water Reduction provisions. Public Utilities, Water Engineering PRIOR TO FINAL BUILDING AND ZONING INSPECTIONS 21 All public improvements shall be constructed by the developer, inspected, and accepted by Construction Services prior to final building and zoning inspection. Public Works, Development Services 22 All remaining fees/deposits required by Public Works department must be paid in full. Public Works, Development Services 23 Record Drawings and As-Built Plans shall be submitted for review and approval to the Department of Public Works, Development Services Division. Public Works, Development Services 24 Owner/Developer shall install an approved backflow prevention assembly on the water service connection(s) serving the property, behind property line and building setback in accordance with Public Utilities Department Water Engineering Division requirements. Public Utilities, Water Engineering OPERATIONAL CONDITIONS 25 Ongoing during project operation, should the vehicle queue reach the public right-of-way on Tustin Avenue, staff members shall be positioned at the end of the on-site queue near the project entrance to direct traffic. This measure shall be implemented as needed, until the queue dissipates. Public Works, Traffic Engineering 26 Ongoing during project operation, vehicle deliveries including loading and unloading shall be performed on site during non- business hours. Delivery vehicles shall not block any park of the public right of way. Public Works, Traffic Engineering 27 The Owner shall be responsible for restoring any special surface improvements, other than asphalt paving, within any right-of-way, public utility easement or City easement area including but not limited to colored concrete, bricks, pavers, stamped concrete, walls, Public Utilities, Water Engineering - 10 - PC2022-072 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT decorative hardscape or landscaping that becomes damaged during any excavation, repair or replacement of City owned water facilities. Provisions for maintenance of all said special surface improvements shall be included in the recorded Master CC&Rs for the project and the City easement deeds. GENERAL CONDITIONS 28 Vehicle gates shall not be installed across the project driveways or access roads without providing a vehicle turnaround area to the satisfaction of the City Engineer. Public Works, Traffic Engineering 29 The following minimum clearances shall be provided around all new and existing public water facilities (e.g. fire hydrants, service laterals, meters, meter boxes, backflow devices, etc.): • 10-feet minimum separation (outside wall-to-outside wall) from sanitary sewer mains and laterals • 5-feet minimum separation from all other utilities, including storm drains, gas, and electric • 6-feet minimum separation from curb face • 10-feet minimum separation from structures, footings, and trees. The following minimum clearances shall be provided around all new and existing public water facilities (e.g. water mains, fire hydrants, service laterals, meters, meter boxes, backflow devices, etc.): • 10 feet from structures, footings, walls, storm water 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. Public Utilities, Water Engineering 30 No public water mains or laterals allowed under driveways, parking stalls or parking lots. Public Utilities Water Engineering 31 This project shall require a fire sprinkler system (NFPA 13). This building exceeds the 5,000 sf threshold to provide fire sprinklers to new buildings per AFD municipal code amendment. Please contact water engineering to get further information regarding public works requirements for backflow, tapping into existing city main. Fire Department - 11 - PC2022-072 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 32 All CBC and CFC requirements shall be followed for permit issuance. Any fire permits shall be submitted directly to Anaheim Fire Prevention Bureau. Fire Department 33 Hours of Operation for the carwash facility shall be restricted to 7:00 a.m. to 8:00 p.m. seven days a week. Any changes to the facility’s hours of operation shall be subject to review and approval by the Planning Director to determine substantial conformance and to ensure compatibility with the surrounding uses. Planning and Building, Planning Services Division 34 All new landscaping shall be installed in conformance with Chapter 18.46 “Landscape and Screening” of the Anaheim Municipal Code and shall be maintained in perpetuity. Landscaping shall be replaced in a timely manner in the event that it is removed, damaged, diseased, and/or dead. Planning and Building, Planning Services Division 35 The Applicant is responsible for paying all charges related to the processing of this discretionary case application within 30 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or may result in the revocation of the approval of this application. Planning and Building, Planning Services Division 36 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 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. Planning and Building, Planning Services Division 37 The property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the Planning and Building, - 12 - PC2022-072 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT applicant and which plans are on file with the Planning Department and as conditioned herein. Planning Services Division