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Appeal No. 2019-03 October 15, 2019 Page 3 ANALYSIS OF APPEAL Pursuant to Santa Ana Municipal Code (SAMC) Section 41-377.5, car washes require a CUP. Further SAMC Section 41-365.5, requires a CUP for retail markets less than twenty thousand (20,000) square feet of floor area which are open between 12:00 a.m. and 5:00 a.m. Finally, SAMC Sections 41-368 and 41-380 require a front yard not less than 15 feet. On September 9, 2019, the Planning Commission approved CUP No. 2019-30 to allow a car wash, amendment to Variance 2018-10 to allow for a reduction in the front yard to 10-feet and Conditional Use Permit No. 2019-31 to allow the convenience store to operate 24-hours day, seven days a week. The appellant is requesting that the City Council overturn the Planning Commission's decision and provided four reasons to substantiate the request: I. The Commission failed to satisfy the five required criteria for granting conditional use permits set forth in SAMC Section 41-638 and thus should not have granted Conditional Use Permit No. 2019-30. Summary of Appeal Reasoning: The appellant provides findings that the car wash project will not provide a service or facility that will contribute to the general well-being of the neighborhood/community based on the number of existing car washes in the City that amply provide this service to the community. In addition, the car wash project will be detrimental to the health, safety or general welfare of persons residing in the area due to the size of the proposed car wash and the detrimental economic impact (drop in sales) it would have to the appellant's car wash business and existing car washes in the City. The proposed car wash will adversely affect the present economic stability and/or future economic development of the property in the surrounding area, as an oversaturation of car washes may result in some going out of business which will reduce the City's tax revenue, reduce the number of jobs and detrimentally impact the vitality of current and future uses. Finally, that the proposed car wash will adversely affect the General Plan as it is contrary to Land Use Element Goal 1 to promote a "balance of land uses" and Land Use Element Goal 2 "to promote land uses that enhance the City's economic and fiscal viability." Staff Response: The car wash will continue to provide a service to persons that are working or residing in the area. The proposed car wash at 301 North Tustin Avenue will replace the existing automated car wash at 325 North Tustin Avenue with an updated design which includes provisions for additional queueing and minimizes noise emissions to the exterior of the building. The required findings for Conditional Use Permit No. 2019-30 were made by the Planning Commission (Planning Commission Resolution No. 2019-35) and are as follows: 1. That the proposed use will provide a service or facility which will contribute to the general well-being of the neighborhood or community. The car wash will continue to provide a service to persons that are working or residing in the area. The car wash will replace the existing automated car wash at 325 North Tustin Avenue. The new facility will be bigger than the existing operations and provide vacuum stations for the customer's use. The site will 75A-3