Loading...
HomeMy WebLinkAboutRESO 2020-05_3820 S FAIRVIEW STREETRESOLUTION NO. 2020-05 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2019-46 AS CONDITIONED TO ALLOW THE CONSTRUCTION OF AN AUTOMATED CAR WASH AT THE PROPERTY LOCATED AT 3820 SOUTH FAIRVIEW STREET BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Ada Fermin with PM Design Architectural Solutions Group, representing Fairview -Sunflower LLC (Applicant), is requesting approval of Conditional Use Permit (CUP) No. 2019-46 to allow the construction of an automated car wash at 3820 South Fairview Street. B. Santa Ana Municipal Code (SAMC) Section 41-472.5(m) requires approval of a CUP for car wash facilities within the Light Industrial (M1) zoning district. C. Pursuant to SAMC Section 41-638, the Planning Commission is authorized to review and approve the CUP for this project as set forth by the SAMC. D. On February 10, 2020, the Planning Commission held a duly noticed public hearing for CUP No. 2019-46. E. The Planning Commission of the City of Santa Ana has considered the information and determines that the following findings, which must be established in order to grant CUP No. 2019-46, for a car wash, have been established as required by SAMC Section 41-638: 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 3820 South Fairview Street. The new car wash will have the same purpose and capacity as the existing car wash. The proposed automatic car wash facility is a use that will support the adjacent commercial Resolution No. 2020-05 Page 1 of 9 and residential uses in the area. This will thereby benefit the community by providing affordable and convenient carwash service with convenient access from major arterial streets. The automatic car wash service will provide an additional service option for patrons of the service station. 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 provide queuing for approximately 10 vehicles. In addition, the stacking lane is to be placed at the rear of the site to reduce the chance for overflow vehicular queuing onto any public streets. 3. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The car wash will not adversely affect the economic stability or future economic development of properties in the surrounding area. The property is within the M1 zoning district. Additionally, since 1972, a car wash has been in operation at the subject site. The automated car wash will replace the existing car wash and, in addition, the site will be redeveloped with a new service station canopy and convenience store. The car wash will continue to provide a service to the community and will generate sales tax revenue for the City. 4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. The proposed use complies with the development standards and regulations contained in Chapter 41 of the SAMC. Furthermore, the project was designed in accordance with Chapter 10 (Special Use Guidelines) Section 4 (Service Stations and Car Washes) of the Citywide Design Guidelines adopted by City Council in 2006. In addition, a condition of approval has been added to the conditional use permit for a property maintenance agreement to be recorded against the property which will ensure that the property and all improvements are properly maintained. Resolution No. 2020-05 Page 2 of 9 5. That the proposed use will not adversely affect the General Plan of the city or any specific plan applicable to the area of the proposed use. The proposed car wash will not adversely affect the General Plan. The project is consistent with several goals and policies of the General Plan, including the Economic Development Element, Land Use Element, and Urban Design Element. Land Use Element Goal 1 promotes a balance of land uses to address basic community needs. Policy 1.10 encourages the development of commercial uses at arterial roadway intersections in commercial districts. Policy 2.8 promotes rehabilitation of commercial properties and encourages increased levels of capital investment. This project will promote the investment of a new commercial development and encourage increased levels of capital investment through the reconstruction of a new car wash on this site. The project will also promote a balance of land uses to address basic community needs and that enhance the economic viability of the City and will provide a use that will assist in diversifying the range of services available in the City. Section 2. In accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is categorically exempt from further review per Section 15303 (Class 3 — New Construction or Conversions of Small Structures). This exemption applies to the construction of small structures, which in an urbanized areas the exemption applies to up to four such 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 structures total less than 10,000 square feet and will be served by all necessary utilities. The project site's location does not include any environmental features indicating that it is sensitive. The proposed project will demolish an existing automated car wash and a new automated car wash will be constructed having the same purpose and capacity as the existing car wash and will be located in the same location. As a result, Categorical Exemption, Environmental Review No. 2016-89 will be filed for this project. Section 3. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, referendum, and other proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively "Actions"), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the Resolution No. 2020-05 Page 3 of 9 City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City's defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action. Section 4. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2019-46, as conditioned in Exhibit A, attached hereto and incorporated herein, for the project located at 3820 South Fairview Street. This decision is based upon the evidence submitted at the abovesaid hearing, which includes, but is not limited to: the Request for Planning Commission Action dated February 10, 2020, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 10th day of February, 2020. AYES: Commissioners: CANO, MCLOUGHLIN, NGUYEN, PHAN, RIVERA (5) NOES: Commissioners: ABSENT: Commissioners: CONTRERAS-LEO, GARCIA (2) ABSTENTIONS: Commissioners: Mark McLoughlin Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:— +� for Lisa St k Assistant City Attorney Resolution No. 2020-05 Page 4 of 9 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Recording Secretary, do hereby attest to and certify the attached Resolution No. 2020-05 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on February 10, 2020. Date: 21v-1110 A' Recording Secretary City of Santa Ana Resolution No. 2020-05 Page 5 of 9 EXHIBIT A Conditions of Approval for Conditional Use Permit No. 2019-46 Conditional Use Permit No. 2019-46 for an automated car wash is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code, and all other applicable regulations. In addition, the Applicant shall meet the following conditions of approval; The Applicant must comply with each and every condition listed below Prior to exercising the rights conferred by this conditional use permit. The Applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. 1. All proposed site improvements must conform to Development Project Review (DP No. 2016-29) and the staff report exhibits. 2. Any amendment to this conditional use permit must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the conditional use permit must be amended. 3. Roll -up doors shall be provided to restrict access to the car wash tunnel during non - operating hours. 4. Onsite employees shall be responsible for the removal of all litter and trash from the site each day. 5. The existing west and north perimeter walls shall be repaired as needed and repainted with an anti -graffiti coating. 6. Vacuuming equipment shall not be available or functional during non -operating hours and shall be shielded to reduce noise emissions. 7. Inoperable or malfunctioning equipment shall be repaired or replaced in a timely manner. 8. There shall be no overnight parking of vehicles on site. 9. Customer restrooms shall be locked during all non -operating hours. Resolution No. 2020-05 Page 6 of 9 10. Prior to the issuance of a building permit, a full landscape and irrigation plan is to be submitted for review and approval by the Planning Division. The landscape plan shall conform to the commercial landscape standards, Citywide Design Guidelines, and the City`s Water Efficient Landscape Ordinance. In addition, all trees in the landscape plan to be planted along Fairview Street and Sunflower Avenue shall be minimum 24-inch box size with ranges of 1 to 2.5-inch calipers and vines shall be planted along the west and north perimeter walls. 11. The Applicant shall provide the Police Department with a security plan for store operations which will mitigate exterior and interior attractive nuisances associated with the business operations. The security plan is to be approved by the Police Department. 12. The Applicant shall be responsible for maintaining the premises free of graffiti. All graffiti shall be removed within 24 hours of occurrence. 13. Cash register must be visible from the street at all times and shall not be obstructed at any time by temporary or permanent signage. 14. Window displays and racks must be kept at a maximum height of three feet including merchandise and cannot obstruct the cashiers view to the outside. 15. A timed -access cash controller or a money drop safe capable of easily providing the cashier the ability to quickly deposit money into it must be installed. 16. Install a silent armed robbery alarm. 17. There shall be no coined -operated games maintained on the premises at any time. 18. No pay telephones shall be located on the premises. 19. "No Loitering/Trespass" signs/placards shall be posted in the parking lot area. The posted signs must conform to Penal Code Section 602. 20. Provide a Close Circuit Television System approved by the Police Department and capable of viewing and recording events inside and outside the premises with a resolution which will clearly identify individuals for later identification. 21. Clearly distinguishable height markers shall be installed on the inside doorjamb of all doors used by the public to access the store. Horizontal marks, one -inch wide by three-inch long, in different colors, and in a contrasting color to the background, shall be placed every six inches beginning at five feet and ending at six feet six inches. 22. Exterior lighting shall be shielded and/or directed away from adjacent properties. 23. A copy of the conditions of approval shall be kept on premises and presented to any authorized City official upon request. Resolution No. 2020-05 Page 7 of 9 24. The sale of alcoholic beverages shall be prohibited 25. The outdoor storage of boxes, equipment, materials, merchandise, and other similar items shall be prohibited. 26. Prior to the issuance of a building permit, a Property Maintenance Agreement must be recorded against the property. The agreement will be subject to review and applicability by the Planning and Building Agency, the Community Development Agency, the Public Works Agency, and the City Attorney to ensure that the property and all improvements located thereupon are properly maintained, Applicant (and the owner of the property upon which the authorized use and/or authorized improvements are located if different from the Applicant) shall execute a maintenance agreement with the City of Santa Ana which shall be recorded against the property and which shall be in a form reasonably satisfactory to the City Attorney. The maintenance agreement shall contain covenants, conditions and restrictions relating to the following: a. Compliance with operational conditions applicable during any period(s) of construction or major repair (e.g., proper screening and securing of the construction site; implementation of proper erosion control, dust control and noise mitigation measure; adherence to approved project phasing etc.); b. Compliance with ongoing operational conditions, requirements and restrictions, as applicable (including but not limited to hours of operation, security requirements, the proper storage and disposal of trash and debris, enforcement of the parking management plan, and/or restrictions on certain uses; C. Ongoing compliance with approved design and construction parameters, signage parameters and restrictions as well as landscape designs, as applicable; d. Ongoing maintenance, repair and upkeep of the property and all improvements located thereupon (including but not limited to controls on the proliferation of trash and debris about the property; the proper and timely removal of graffiti; the timely maintenance, repair and upkeep of damaged, vandalized and/or weathered buildings, structures and/or improvements; the timely maintenance, repair and upkeep of exterior paint, parking striping, lighting and irrigation fixtures, walls and fencing, publicly accessible bathrooms and bathroom fixtures, landscaping and related landscape improvements and the like, as applicable); �i Resolution No. 2020-05 Page 8 of 9 e. If Applicant and the owner of the property are different (e.g., if the Applicant is a tenant or licensee of the property or any portion thereof), both the Applicant and the owner of the property shall be signatories to the maintenance agreement and both shall be jointly and severally liable for compliance with its terms; f. The maintenance agreement shall further provide that any party responsible for complying with its terms shall not assign its ownership interest in the property or any interest in any lease, sublease, license or sublicense, unless the prospective assignee agrees in writing to assume all of the duties, obligations and responsibilities set forth under the maintenance agreement; and g. The :maintenance agreement shall contain provisions relating to the enforcement of its conditions by the City and shall also contain provisions authorizing the City to recover costs and expenses which the City may incur arising out of any enforcement and/or remediation efforts which the City mmay undertake in order to cure any deficiency in maintenance, repair or upkeep or to enforce any restrictions or conditions upon the use of the property. The maintenance agreement shall further provide that any unreimbursed costs and/or expenses incurred by the City to cure a deficiency in maintenance or to enforce use restrictions shall become a lien upon the property in an amount equivalent to the actual costs and/or expense incurred by the City. Resolution No. 2020-05 Page 9 of 9