2019-099 - Denying Appeal Application No. 2019-03

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was categorically exempt from CEQA review as an infill development project. III. Amendment to Variance No. 2018-10 should have been denied because it does not address "special circumstances" that deprive the subject property of privileges enjoyed by similar properties, and instead constitutes an impermissible grant of special privileges. (See SAMC Section 41-638(a)(2); Gov't Code 65906) IV. The notice distributed for the September 9, 2019 Planning Commission public hearing, 10 days before the hearing and only to properties within 500 feet of the project was not reasonably calculated to afford affected persons, like the Conklins, the realistic opportunity to protect their interests. The Conklins were not included on the City's list of individuals/properties to review notice of the hearing. C. On October 15, 2019, the City Council conducted a duly noticed de novo public hearing on Appeal Application No. 2019-03 and found that: I. The required findings for Conditional Use Permit No. 2019-30 were made in accordance with Santa Ana Municipal Code Section 41-638 (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 customers' use. The site will be redeveloped with a new building with a contemporary design with smooth plaster finishes, metal canopies, ceramic tile, and landscaping contributing to the aesthetics of the area. 2. That the proposed use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. The proposed car wash will not be detrimental to the health, safety or welfare of those residing or working in the vicinity. The site plan was designed to meet the City's stacking requirements and provides for queuing of approximately 15 vehicles. In addition, the stacking lane was placed at the rear of the site to reduce the chance for overflow vehicular queuing onto any public streets. There are no immediately adjacent nearby residential land uses. The uses immediately adjacent Resolution No. 2019-099 Page 2 of 8