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SANTA ANA NEEDS EQUITY
info@saneplanning.org | Santa Ana, CA
February 10, 2020
PLANNING COMMISSION OF THE CITY OF SANTA ANA
22 Civil Center Plaza,
Santa Ana, CA 92701
RE: Comments in Opposition to the Proposed Car Wash Project at
Dear Chairman McLoughlin and Members of the Planning Commission of the City of Santa Ana:
Santa Ana is now considering approval of a 24th car wash in the City. Santa Ana does not need another car
wash! The City leaders are required to act in the interest of the City, which includes the best interests of its residents
and business owners. If you do this, you must vote NO on this car wash.
First, the City really need a 24th car wash? Certainly not, and this is especially true when all of the negative
environmental and social impacts of car washes are considered. First, car washes like the one proposed create few new
jobs, they create little to no sales tax revenue, they detract from the community’s aesthetics, and they create traffic
issues and unsafe traffic conditions. They also create odors, chemicals, vibrations, noise, and air and water quality issues
to the surrounding area. This proposed car wash will be located immediately adjacent to a school, so children will suffer
these harms, endure the pollutants, and face these unsafe conditions!
Car washes also pose serious issues for the City’s homelessness concerns. The City is already trying to deal with
the staggering number of homeless within its borders. Since car washes notoriously attract the homeless, why would
the City consider approving a 24th car wash? The homeless routinely flock to car washes because of the open tunnels,
which they use as shelter, and the available sources of water. The homeless are regularly seen at car washes, where
they sleep and defecate in the tunnels, bath and wash their belongings with the hoses, and leave behind used needles,
drug paraphernalia, and other illicit materials.
For all these reasons and more, other cities in southern California have enacted moratoriums to stop approval of
additional car washes so that they can review their municipal code and revise the conditions and terms for approval so
to minimize these environmental and social impacts on the City. In fact, Santa Ana’s councilman, Mr. Phil Bacerra,
recommended just that in October of last year.
We implore the Planning Commission to deny the requested approvals for this car wash, and to adopt a
moratorium on all further car washes in Santa Ana, and to revise the Santa Ana Municipal Code in light of the foregoing.
ORDINANCE NO. 2018-11
AN UNCODIFIED INTERIM ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF
ESCONDIDO, CALIFORNIA, TO IMMEDIATELY
PROHIBIT NEW CAR WASH USES IN
CONTEMPLATION OF A ZONING PROPOSAL
BEING CONSIDERED BY THE CITY IN ORDER
TO PROTECT THE PUBLIC HEALTH, SAFETY,
AND WELFARE
WHEREAS, there are over 28 carwash facilities currently in the City of Escondido
(“City”), which are permitted in a variety of manners depending on the zoning classification;
and
WHEREAS, the City has the most permissive policy towards carwash facilities when
compared to other agencies in the North San Diego County area which contributes to the
City’s proliferation of carwashes; and
WHEREAS, the oversaturation of carwashes in the community provides little
economic benefit to the City or City residents; and
WHEREAS, an urgency ordinance pursuant to California Government Code section
65858 requires a four-fifths vote of the legislative body for adoption; and
WHEREAS, in light of the proliferation of car washes in the City and the impacts as
provided in this Ordinance 2018-11 (“Urgency Ordinance”) there exists an emergency with
respect to the health, public welfare and property in the City of Escondido; and
WHEREAS, all other legal prerequisites to the adoption of this Ordinance hav e
occurred.
The City Council of the City of Escondido, California, DOES HEREBY ORDAIN as
follows:
SECTION 1. Recitals. The Recitals set forth above are true and correct and
incorporated herein by reference.
SECTION 2. This Urgency Ordinance shall explicitly prohibit the issuance of any
zoning, land use, discretionary permit, building permit, environmental approval, business
license or any other entitlement involving businesses described as carwashes, whether
intended as primary uses or accessory uses in the City of Escondido for forty-five (45)
days. Notwithstanding the foregoing, any existing carwash facility shall be allowed to obtain
their annual City of Escondido business license. Any carwash facilities under construction
with a valid building permit on the effective date of this Urgency Ordinance shall be exempt
from this Urgency Ordinance.
SECTION 3. CEQA. The City Council finds this Urgency Ordinance is exempt
from the California Environmental Quality Act (Public Resources Code § 21000, et seq.)
(“CEQA”) because it can be seen with certainty that there is no possibility that it will have a
significant effect on the environment (CEQA Guidelines 14 CCR §§ 15061(b)(3)) and
because it consists of regulations and restrictions on activities to assure the maintenance,
restoration, or enhancement of natural resources and the environment by prohibiting
environmentally destructive components of currently permitted carwash facilities (CEQA
Guidelines 14 CCR §§ 15307, 15308). This Ordinance is also exempt from CEQA because
it is an urgency measure necessary to protect the City from a current and immediate threat
to the public health, safety, and welfare. (Public Resources Code § 21080(b)(4); CEQA
Guidelines 14 CCR § 15269.). The City Council, therefore, directs that a Notice of
Exemption, (attached as Exhibit “A” and incorporated by this reference), be filed with the
County Clerk of the County of San Diego in accordance with CEQA Guidelines.
SECTION 4. Findings. The adoption of this Urgency Ordinance is necessary for
the immediate protection of the public welfare , health and safety. In accordance with
California Government Code § 65858 and in order to protect the public welfare, health and
safety, the City Council of the City of Escondido finds and determines as follows:
(a) Currently, there are over 28 carwash facilities currently in the City
which were permitted in a variety of manners depending on the zoning classification with
potentially more facilities in the immediate future. The City has the most permissive policy
towards these uses compared to other agencies in the North San Diego County area which
is an attributable cause to the City’s proliferation of carwash facilities.
(b) The current oversaturation of carwash facilities in the community
provides the City little economic benefit as there are minimal sales tax revenues associated
with carwash operations. The unregulated allowance of carwashes is in direct contradiction
to the City Council Action Plan priority of Fiscal Management and the strategy to: “Establish
regulations that limit the proliferation of targeted non-residential land uses that do not serve
the broader interest of enhancing city revenues.” Allowing the continued establishment of
carwashes will result in the immediate loss of potential revenues to the City and the
immediate loss of desirable commercial and industrial sites throughout the City.
(c) Carwash facilities hire few employees and typical wages paid at
carwash facilities would not increase the City’s overall median incomes. Carwashes would
therefore not bolster employee densities in commercial and industrial zones or increase the
per capita median income of the community. Allowing the continued establishment of
carwashes will result in the immediate loss of potential income to City residents and reduce
potential employment opportunities throughout the City.
(d) Carwashes also generate undesirable conditions for adjacent
properties. Airborne mist, odors from chemicals and vehicle exhaust, and noise from
vacuums, pumps, pressurized sprayers, dryers, engines and car stereos are examples of
common impacts generated by these uses. The impacts can be detrimental to the quality
of life for adjacent residents and disruptive to adjacent businesses . Allowing the continued
establishment of carwashes will result in the immediate potential for disruptions to the
quality of live for adjacent residents and businesses.
(e) As outlined above, the continued allowance of carwashes will
immediately frustrate the City Council Action Plan and be detrimental to the public health,
welfare, and safety.
SECTION 5. SEPARABILITY. If any section, subsection sentence, clause, phrase
or portion of this ordinance is held invalid or unconstitutional for any reason by any court of
competent jurisdiction, such portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the remaining portions.
SECTION 6. Effective Date. The City Council hereby declares, on the basis of the
findings set forth above, that this Urgency Ordinance is necessary to preserve the public
welfare, health and safety. Accordingly, this Urgency Ordinance is adopted as an urgency
ordinance and shall take effect and be in force immediately upon its adoption.
SECTION 7. That the City Clerk is hereby directed to certify to the passage of this
Ordinance and to cause the same or a summary to be prepared in accordance with
Government Code Section 36933, to be published one time within 15 days of its passage
in a newspaper of general circulation, printed and published in the County and circulated in
the City of Escondido.
Ordinance 2018-11
Exhibit “A”
Page 1 of 2
CITY OF ESCONDIDO
PLANNING DIVISION
201 NORTH BROADWAY
ESCONDIDO, CA 92025-2798
(760) 839-4671
Notice of Exemption
To: San Diego Assessor/Recorder/County Clerk
Attn: Fish & Wildlife Notices
1600 Pacific Hwy, Room 260
San Diego, CA 92101
MS A-33
From: City of Escondido
Planning Division
201 North Broadway
Escondido, CA 92025
Project Title/Case No.: Interim Ordinance Imposing a Moratorium on Carwash Facilities
Project Applicant: City of Escondido
Project Location - Specific: Citywide
Project Location - City: Escondido Project Location - County: San Diego
Description of Nature, Purpose and Beneficiaries of Project:
An interim urgency measure, pursuant to Government Code 65858, imposing a moratorium on the issuance of any
zoning, land use, discretionary permit, building permit, environmental approval, business license or any other
entitlement involving businesses described as carwashes, whether intended as primar y uses or accessory uses. The
proposed moratorium would allow the Planning Division an opportunity to develop and present new land use
standards regulating this particular land use.
Name of Public Agency Approving Project: City of Escondido
Name of Person or Agency Carrying Out Project:
Name: Bill Martin, Community Development Director Telephone: (760) 839-4671
Address: City of Escondido Planning Division, 201 N. Broadway, Escondido, CA 92025
Private entity School district Local public agency State agency Other special district
Exempt Status:
Categorical Exemption. Because it can be seen with certainty that there is no possibility that the proposed action will
have a significant effect on the environment (CEQA Guidelines 14 CCR §§ 15061(b)(3)); and an urgency measure
necessary to protect the City from a current and immediate threat to the public health, safety, and welfare. (Public
Resources Code § 21080(b)(4); CEQA Guidelines 14 CCR § 15269.).
Reasons why project is exempt:
1. The unregulated allowance of carwashes is in direct contradiction to the City Council Action Plan priority of
Fiscal Management and the strategy to: “Establish regulations that limit the proliferation of targeted non -
residential land uses that do not serve the broader interest of enhancing city revenues.” Allowing the continued
establishment of carwashes will result in the immediate loss of potential revenues to the City and the immediate
loss of desirable commercial and industrial sites throughout the City.
2. Carwashes also generate undesirable conditions for adjacent properties. Airborne mist, odors from chemica ls
and vehicle exhaust, and noise from vacuums, pumps, pressurized sprayers, dryers, engines and car stereos
are examples of common impacts generated by these uses. The impacts can be detrimental to the quality of
life for adjacent residents and disruptive to adjacent businesses. Allowing the continued establishment of
carwashes will result in the immediate potential for disruptions to the quality of life for adjacent residents and
businesses.
Ordinance 2018-11
Exhibit “A”
Page 2 of 2
Lead Agency Contact Person: Area Code/Telephone/Extension (760) 839-4671
Signature:
Bill Martin, Community Development Director Date
Signed by Lead Agency Date received for filing at OPR:
Signed by Applicant
ORDINANCE NO. 2018-13R
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ESCONDIDO, CALIFORNIA, AMENDING
ARTICLE 16 (COMMERCIAL ZONES), ARTICLE 26
(INDUSTRIAL ZONES), AND ARTICLE 57
(MISCELLANEOUS USE RESTRICTIONS) OF THE
ESCONDIDO ZONING CODE; AMENDING TABLE 4.1
OF THE EAST VALLEY PARKWAY AREA PLAN; AND
AMENDING TABLE 4.2 OF SOUTH CENTRE CITY
SPECIFIC PLAN TO LIMIT CARWASH FACILITIES
AND MAXIMIZE THE CITY’S ABILITY TO EXERCISE
DISCRETIONARY REVIEW OF CARWASH FACILITY
APPLICATIONS
APPLICANT: City of Escondido
PLANNING CASE NO.: AZ 18-0003
The City Council of the City of Escondido, California, DOES HEREBY ORDAIN as
follows:
SECTION 1. Given uncertainty about the adequacy of existing carwash related
regulations in the City of Escondido, an Interim Urgency Ordinance imposing a
moratorium on carwash facilities was adopted on May 2, 2018, by Ordinance No. 2018-
11. This Urgency Ordinance explicitly prohibited the issuance of any zoning, land use,
discretionary permit, building permit, environmental approval, business license or any
other entitlement involving businesses described as carwashes, whether intended as
primary uses or accessory uses in the City of Escondido for forty-five (45) days. During
that time period, the City evaluated and reviewed potential modifications to the Escondido
Zoning Code and other land use regulations that pertain to carwash facilities.
SECTION 2. That proper notices of a public hearing have been given and public
hearings have been held before the Planning Commission and City Council on this issue.
SECTION 3. The Planning Commission conducted a public hearing on April 24,
2018, to discuss and consider the proposed amendments, considered public testimony,
and made a recommendation to the City Council.
SECTION 4. The City Council has duly reviewed and considered all evidence
submitted at said hearings, including, without limitation:
a. Written information;
b. Oral testimony from City staff, interested parties, and the public;
c. The staff report, dated May 23, 2018, which along with its attachments is
incorporated herein by this reference as though fully set forth herein; and
d. Additional information submitted during the Public Hearing.
SECTION 5. The City Council finds public health, safety, and welfare concerns
have been expressed regarding the proliferation and potential oversaturation of car
washing facilities in the community. The economic benefit of these facilities is negligible
as the City collects minimal sales tax revenues associated with carwash facility
operations.
SECTION 6. The City Council finds that carwash facilities also have the potential
to generate undesirable conditions for adjacent properties. Airborne mist, odors from
chemicals and vehicle exhaust, and noise from vacuums, pumps, pressurized sprayers,
dryers, engines and car stereos are examples of common impacts generated by these
uses. The impacts can be detrimental to the quality of life for adjacent residents and
disruptive to adjacent businesses.
SECTION 7. At this time, the City Council of the City Escondido desires to
amend the Escondido Zoning Code to limit carwash facilities and maximize the City’s
ability to exercise discretionary review of carwash facility applications. The Zoning Code
Amendment requires ancillary and conforming amendments to the East Valley Parkway
Area Plan and South Centre City Specific Plan to ensure carwash facilities are reviewed
and considered consistently, Citywide.
SECTION 8. This action is exempt from environmental review pursuant to
California Environmental Quality Act Guidelines (“CEQA” and “CEQA Guidelines”)
Section 15061(b)(3) since there would be no possibility of a significant effect on the
environment because the amendments will not directly result in development. Any future
project or development as defined by the CEQA that may occur as a result of the
amended language would be subject to CEQA review and analysis.
SECTION 9. That upon consideration of the staff report, Planning Commission
recommendation, Planning Commission staff report, all public testimony presented at the
hearing held on this project, and the “Findings of Fact,” attached as Exhibit “A” to this
Ordinance and incorporated herein by this reference as though fully set forth herein, this
City Council finds the proposed amendments are consistent with the General Plan and
all applicable specific plans of the City of Escondido, as amended.
SECTION 10. That the specified sections of the Escondido Zoning Code, East
Valley Parkway Area Plan, and South Centre City Specific Plan are amended as set forth
in Exhibit “B” to this Ordinance and incorporated herein by this reference as though fully
set forth herein.
SECTION 11. Exhibit “B” to this Ordinance provides reference to Section 33-1125
within Article 57 (Miscellaneous Use Restrictions) of the Escondido Zoning Code. The
content of Section 33-1125 was included in Ordinance 2018-12 and is separate from this
action. Because of this relationship, Ordinance 2018 -13R shall not be effective unless
and until Ordinance 2018-12 is approved and is procedurally effective within its corporate
limits as a statute in the manner provided by state law.
SECTION 12. HARDSHIP EXEMPTION. This Ordinance outlines the basic
requirements and use-related provisions dealing with carwash-related facilities. The City
Council hereby finds that an extreme hardship would result from the strict application of
the Ordinance to the current processing of a land use development application for a new
carwash facility, located at 862 N. Broadway. Since the hardship did not result from
actions taken by the applicant or the property owner, the City Council hereby exempts
Planning Case File No. ADM17-0101, on file with the Planning Division of the City of
Escondido, from the provisions of this Ordinance. Said application shall be processed,
reviewed and considered by the City in accordance with the standards existing at the time
the application was submitted, as well as all applicable laws.
SECTION 13. SEPARABILITY. If any section, subsection sentence, clause,
phrase or portion of this Ordinance is held invalid or unconstitutional for any reason by
any court of competent jurisdiction, such portion shall be deemed a separate, distinct and
independent provision and such holding shall not affect the validity of the remaining
portions.
SECTION 14. That as of the effective date of this Ordinance, all ordinances or
parts of ordinances in conflict herewith are hereby repealed.
SECTION 15. That the City Clerk is hereby directed to certify to the passage of
this Ordinance and to cause the same or a summary to be prepared in accordance with
Government Code Section 36933, to be published one time within 15 days of its passage
in a newspaper of general circulation, printed and published in the County and circulated
in the City of Escondido.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Escondido at a regular
meeting thereofthis 6th day of June, 2018 by the following vote to wit:
AYES Councilmembers: DIAZ, GALLO, MASSON
NOES Councilmembers: MORASCO, ABED
ABSENT : Councilmembers : NONE
ATTEST:
DIANE HALVERSON, City Clerk of the
City of Escondido, California
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO: ss.
CITY OF ESCONDIDO )
APPROVED:
SAM ABED , Mayor of the
City of Escondido , California
*****
I , DIANE HALVERSON, City Clerk of the City of Escondido, hereby certify that the foregoing
ORDINANCE NO. 20 18-13R passed at a regular meeting of the City Council of the City of Escondido held
on the 6th day of June, 2018 , after having been read at the regular meeting of said City Council held on the
23,d day of May, 2018.
DIANE HALVERSON, City Clerk of the
City of Escondido, California
ORDINANCE NO . 2018-13R
Ordinance No. 2018-13R
Exhibit “A”
Page 1 of 1
EXHIBIT “A”
FACTORS TO BE CONSIDERED/FINDINGS OF FACT
Zoning Code and Specific Plan Amendments
1. The public health, safety, and welfare would not be adversely affected by the proposed
Zoning Code and Specific Plan Amendments. The proposed amendment develops new
land use limitations and revises the permitting process for carwash facilities, which
requires findings of necessity and strategies necessary to capture economic investment
and locate development appropriately. The proposed Zoning Code and Specific Plan
Amendments would not be detrimental to surrounding properties because no physical
improvements are proposed as part of these proposed amendments. Future construction
must comply with any applicable laws and standards. This includes the Building Code,
the Fire Code, and any property standards bylaws.
2. The proposed Zoning Code and Specific Plan Amendments help ensure land resources
are more closely aligned with critical overarching economic goals of the city, while
addressing neighborhood concerns about certain types of businesses.
3. The proposed Zoning Code and Specific Plan Amendments, implemented over time
though updated permit processing and review criteria, would likely lead to increased
property values by promoting higher quality carwash facility development and/or
preventing unwanted or unsightly forms of development in key areas where high
employment uses are desired.
4. The proposed Zoning Code and Specific Plan Amendments would be consistent with the
goals and policies of the General Plan because the amendments would not, in and of
themselves, result in development or any other material change to the environment.
Updating key portions of the Zoning Code establishes specific conditions or standards that
would apply to future projects to promote land use compatibility, reflect current community
needs, and ensure their consistent application regardless of zone district type. The
proposed Zoning Code and Specific Plan Amendments would not diminish the Quality of
Life Standards of the General Plan, nor adversely impact community health or natural
resources. This Project requires ancillary and conforming amendments to the East Valley
Parkway Area Plan and South Centre City Specific Plan to ensure carwash facilities are
reviewed and considered consistently, citywide.
5. This Project requires an ancillary and conforming amendments to the East Valley Parkway
Area Plan and South Centre City Specific Plan to ensure carwash facilities are reviewed
and considered consistently, citywide. No changes are proposed or required for the West
Mission Specific Plan since the plan defers to the citywide Zoning Code, which as
amended, would ensure lateral consistency. The proposed Zoning Code and Specific
Plan Amendments do not conflict with any specific plan.
Ordinance No. 2018-13R
Exhibit “B”
Page 1 of 3
EXHIBIT “B”
PROPOSED ZONING CODE AND SPECIFIC PLAN AMENDMENTS
AZ 18-0003
SECTION I.
Article 16, Sec. 33-332, Table 33-332, Permitted and Conditionally Permitted Principal Uses.
CG CN CP
Car-wash, polishing, vacuuming, or detailing (primary or
accessory use)
PC
Article 26, Sec. 33-564, Table 33-564, Permitted and Conditionally Permitted Principal Uses.
I-O M-1 M-2 I-P
Automotive services
(excluding gasoline
service stations and car-
wash related uses)
P P
Article 26, Sec. 33-564, Table 33-564, Permitted and Conditionally Permitted Principal Uses.
Establish “car-wash, polishing, vacuuming, or detailing” as a land use activity, by
conditional use permit.
I-O M-1 M-2 I-P
Car-wash, polishing,
vacuuming, or detailing
(primary or accessory use)
C C
Article 57, Sec. 33-1126. ReservedCar-wash, polishing, vacuuming, or detailing.
The following section shall also apply to car-wash, polishing, vacuuming, and/or detailing uses
(including self-service and automated facilities). This section applies to any primary or accessory
use and any structure or part thereof used for the washing of cars either by manual or assembly
line techniques, utilizing employees or the car owner, or a combination of both. Car-wash,
polishing, and detailing uses shall comply with the development standards of the zoning district,
general development standards, and this section. This section does not apply to temporary car-
wash activities that occur on not more than three (3) consecutive days at the same location.
(a) All detailing or waxing (except for spray waxing) shall be conducted inside a building
enclosed on no less than three sides, subject to the satisfaction of the Director of Community
Development.
Ordinance No. 2018-13R
Exhibit “B”
Page 2 of 3
(b) Bay enclosures.
(1) Sides of car-wash bays or tunnels open to a residential use or a residential or
mixed use zoning district that abuts or is across an alley from the site shall be completely
enclosed or otherwise screened by a wall. Solid windows that do not open, glass block,
or other closed material may be used as part of the wall face.
(2) All car-wash bays and tunnels and all car-wash equipment shall be designed to
minimize the creation, and carrying off the premises, of airborne particles of water,
chemicals, and dust.
(c) The exit from the car-wash shall have a drainage system which is subject to the approval
of the City.
(d) Vacuum stations.
(1) Vacuum stations and related equipment shall comply with the setbacks for the
principal structure.
(2) The site shall be designed to reduce the visual impacts of vacuum stations and
waiting cars as viewed from surrounding development and public streets. The vacuum
stations shall be screened to the extent feasible by an intervening building or by a
combination of landscaping, wall/fencing, and/or berming.
e) Automated and drive-through car-wash related facilities must also comply with the
commercial drive-through requirements set forth in Section 33-341(b).
f) The following types of land use activities shall be subject to Section 33-1125 of this article.
(1) The construction of a new car-wash related facility; and
(2) The expansion of an existing car-wash related facility that increases the size of the
lot and involves new land area devoted to car-wash related improvements.
Other types of expansions, additions, repairs, upgrades, replacement or reconstruction of existing
facilities shall be exempt from the requirements of Section 33-1125.
SECTION II.
Amend the East Valley Area Plan to read as specified below. The changes are listed in order by
section number, with strikeout typeface illustrating deletions and underline typeface illustrating
new text.
Ordinance No. 2018-13R
Exhibit “B”
Page 3 of 3
Table 4.1. Permitted and Conditionally Permitted Principal Uses. Change description of
use and source of special use regulations.
CG
Car-wash, polishing, vacuuming,
detailing, as a primary or accessory
use (Section 33-1126*)
C*
SECTION III.
Amend the South Centre City Specific Plan to read as specified below. The changes are listed
in order by section number, with strikeout typeface illustrating deletions and underline typeface
illustrating new text.
Chapter 4, Table 4.2. Permitted Land Uses for Specified Districts/Subareas. Establish
land use authorization for car-wash facilities, by conditional use permit.
WM
General
SE General
Car-wash, polishing, vacuuming,
detailing (as a primary or accessory
use, subject to Section 33-1126 of
the EZC)
PC PC
10/4/19, 10(27 AMSec. 33-1125. Land uses and activities that require special study for potential economic impact.
Page 1 of 1http://www.qcode.us/codes/escondido/view.php?topic=33-57-33_1125&frames=on
Escondido Municipal Code
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Chapter 33 ZONING
ARTICLE 57. MISCELLANEOUS USE RESTRICTIONS
Sec. 33-1125. Land uses and activities that require special study for potential economic impact.
This section establishes a process to analyze the economic impact of certain new development proposals and
land use decisions. The analysis required below shall be reviewed and considered in conjunction with other
discretionary permit application requirements and review procedures associated with the project. Modifications or
additions to existing facilities shall be subject to the same review procedure and approval criteria; however, the
review shall be limited in scope to the modification request.
(a) Demand Analysis. An applicant shall prepare or pay for the preparation of a market demand analysis that
analyzes and substantiates the need for the proposed facility in the city.
(b) Approval. Projects subject to this section may be approved if the use is in the best interest of the public
health, safety and general welfare based on consideration of the demand analysis and the following criteria:
(1) The economic impact of the project to the city, including, but not limited to, a demonstrated positive fiscal
benefit to the city;
(2) The extent to which the proposed project avoids the displacement of uses that would generate tax revenue
for the city in preferred locations;
(3) Any proposed mitigation measures that would reduce the economic impacts of a non-tax or non-job-
producing use or uses. (Ord. No. 2018-12, § 7, 6-6-18)
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10/4/19, 10(28 AMSec. 33-1126. Car-wash, polishing, vacuuming, or detailing.
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Escondido Municipal Code
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Chapter 33 ZONING
ARTICLE 57. MISCELLANEOUS USE RESTRICTIONS
Sec. 33-1126. Car-wash, polishing, vacuuming, or detailing.
The following section shall also apply to car-wash, polishing, vacuuming, and/or detailing uses (including self-
service and automated facilities). This section applies to any primary or accessory use and any structure or part
thereof used for the washing of cars either by manual or assembly line techniques, utilizing employees or the car
owner, or a combination of both. Car-wash, polishing, and detailing uses shall comply with the development
standards of the zoning district, general development standards, and this section. This section does not apply to
temporary car-wash activities that occur on not more than three (3) consecutive days at the same location.
(a) All detailing or waxing (except for spray waxing) shall be conducted inside a building enclosed on no less
than three (3) sides, subject to the satisfaction of the director of community development.
(b) Bay enclosures.
(1) Sides of car-wash bays or tunnels open to a residential use or a residential or mixed use zoning district that
abuts or is across an alley from the site shall be completely enclosed or otherwise screened by a wall. Solid
windows that do not open, glass block, or other closed material may be used as part of the wall face.
(2) All car-wash bays and tunnels and all car-wash equipment shall be designed to minimize the creation, and
carrying off the premises, of airborne particles of water, chemicals, and dust.
(c) The exit from the car-wash shall have a drainage system which is subject to the approval of the city.
(d) Vacuum stations.
(1) Vacuum stations and related equipment shall comply with the setbacks for the principal structure.
(2) The site shall be designed to reduce the visual impacts of vacuum stations and waiting cars as viewed from
surrounding development and public streets. The vacuum stations shall be screened to the extent feasible by an
intervening building or by a combination of landscaping, wall/fencing, and/or berming.
(e) Automated and drive-through car-wash related facilities must also comply with the commercial drive-
through requirements set forth in section 33-341(b).
(f) The following types of land use activities shall be subject to section 33-1125 of this article:
(1) The construction of a new car-wash related facility; and
(2) The expansion of an existing car-wash related facility that increases the size of the lot and involves new
land area devoted to car-wash related improvements.
Other types of expansions, additions, repairs, upgrades, replacement or reconstruction of existing facilities shall
be exempt from the requirements of section 33-1125. (Ord. No. 2018-13R, § 10, 6-6-18)
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ORDINANCE NO.932
AN INTERIM ZONING ORDINANCE OF THE CITY COUNCIL OF
CALIFORNIA,THE CITY OF RANCHO CUCAMONGA,
ENACTED PURSUANT TO GOVERNMENT CODE SECTION
MORATORIUM ON THEESTABLISHINGA65858
ESTABLISHMENT OR EXPANSION OF CAR WASHES
DECLARING THE URGENCY THEREOF,AND MAKING A
DETERMINATION OF EXEMPTION UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT
A.Recitais
The City is responsible for adopting and implementing tand use regulations within
its boundaries.The Rancho Cucamonga Municipal Code generally regulates the entitlement
establishment and operation of car washes within the City
The proliteration of car washes throughout the City without due consideration
presents an immediate threat to public health,safety or welfare.Car washes are often noisy
because,among other noisy equipment,they require the use of large-scale,industrial
vacuuming systems.Car washes also cause an increase in vehicular traffic in surrounding
areas.These impacts can be particularly acute when car washes are located near residential
uses and when multiple car washes are concentrated in a small area
(Municipal Code does not specify development standards to mitigate impacts caused by car
washes.Although car washes are generally lirmited to commercial zones upon issuance of a
conditional use permit,the City has nol devaloped a comprehensive set of development
standards for car washes and has not fully evaluated appropriate locations within the City where
car washes should be permitted
Except within the Haven Overlay Zoning District,the Rancho Cucamonga
The City intends to study the issues associated with car washes in order to(iv)
determine which locations are most appropriate for the use,and the types of development
standards that shouid be imposed on their operation to mitigate noise,tralfic,and other impacts.
Within the Haven Overlay Zoning District,for example,car washes are prohibited within one-hall
(%mile of the Foothill Boutevard/Haven Avenue and the 4th Street/Haven Avenue
intersections.Car washes are aiso prohibited withan one-hali (2 mile of another car wash
During this moratorium,the City intends to evaluate whether such restrictions,and other
development standards,would be appropriate City-wide.
After undertaking this study the City intends to enact regulations specific to car(v)
washes.The City intends to undertake the required study within a reasonable time.in the
interim,the City Council finds it necessary to establish a maratorium on the development of new
car washes or the expansion of existing car washes in order to prevent a conflict with the
contemplated new policies or regulations
Page 1 of 4OrdnanceNo.932
Absent the passage of this interim Ordinance,continued approval of(vi)
entitlements,building permits,or other approvals for new or expanded car washes poses a
current and immediate threat to the public health,safety or general welfare.t this Interim
Ordinance does not become effective immediately,but instead becomes effective thirty (30)
days after a second reading,there is a risk that further harm will be done to prevent the orderly
development of car washes in the City.There is therefore an urgent necessity for the City to
establish a moratorium on the establishment of new car washes and the expansion of existing
car washes to take effect immediately.This requirement is intended to provide the City with an
opportunity to evaluate and modity its zoning provisions in order to promote the appropriate
development of car washes in the Cit
(vi)Due to the foregoing circumstances,the City Council finds and determines that
the immediate preservation of the public health,safety,and welfare requires that this Interim
Ordinance be enacted pursuant to Government Code sections 36934,36937 and 65858,and
that it take effect immediately upon adoption,and its urgency is hereby declared
B.Ordinance
NOW,THEREFORE,the City Council hereby ordains as follows:
Section 1 Legislative Findings.The City Council finds that the facts set forth
in the Recitals,Part A,of this Ordinance are true and correct and,based on such facts and the
entirely of the record before it,further finds that the establishment and operation of any new car
wash or the expansion of any existing car wash within the City before the City has a chance to
study current impacts and potential regulation would result in adverse impacts,constitute a
nuisance,and present a risk to the public health,safety,and welfare
Section 2 Moratorium Established.Notwithstanding any other ordinance or
provision of the Code,the City Council hereby establishe a moratorium on the development of
new car washes and the expansion ol existing car washes in all zoning districts within the Cit
During the period of this moratorium,no application for a car wash development or usee or any
other entitiement or building permit relating to a car wash development or use shall be
accepted,issued or approved,excepting any developtment
been filed with the Planning Department and the application fees have been paid.For the
purposes of this Interim Ordinance,a "car wash*shall have the same meaning as a "car
washing and detailing"use under Rancho Cucamonga Municipai Code Section 17.32.020.F.7
"Car wash shall also include an automatic car wash that provides drive-in or drive-through
service pursuant to Rancho Cucamonga Municipal Code Section 17.32.020.E.22.It shall not
ncludc tomporary car washea,such as fundraising activities generaily conducted at a service
station or other automotive-retated business,where volunteers wash vehicles by hand and the
duration of the event is limited to one day
or use as to which an application has
Section 3 Ordinance is Supplemental This Interim Ordinance is additional
to and supplemental to,and shail not affect,except as specifically provided herein,anyprovisionofIheRanchoCucamongaMunicipalCode,which shail be operative and remain in full
force and effect without limitation
Section 4 Term This Interim Ordinance shall take effecl on Jua 20,2018,
and shall remain in effect for a period of 45 days from the date of publication in accordance with
Ordnance No.932 Page 2 of 4
Cafomia Government Code Section 65858,and shall expire,and the prohibition established
hereby shall terminate,forty-five (45)days after the date of adoption unless extended by the
City Council pursuant to California Government Code Section 65858
Immediate Effect.This interim Ordinance is an urgency ordinance
for the immediate preservation of the public peace,health,and safety within the meaning of
Government Code sections 36934,36937 and 65858,and theretore shall become effective
immediately upon its adoption if passed by a minimum four-fifths (4/5)vote of the City Council
Section 5
Section 6 CEOA The City Council hereby finds that it can be seen with
certainty that there is no possibility that the adoption of this Interim Ordinance,and the zoning
provisions established hereby,may have a significant effect on the environment,because the
Interim Ordinance will impose greater limitations on development in the City,and will thereby
serve to eliminate potentially significant adverse environmental impacts.It is therefore not
subject to the California Environmental Quality Act review pursuant to Title 14,Chapler 3,
Section 15061(b)(3)of the Califormia Code of Regulations
Section 7 Penalty Violation of any provision of this Interim Ordinance shall
canstitute a misdemeanor and shall b punishable by a fine not to exceed one thousand dollars
($1,000
imprisonment Each and every day such a violation exists shali constitute a separate and
distinct viclation of this Interim Ordinance.
by imprisonment for a period not to exceed six (6)months,or by both such fine and
Civil Remedies The violation of any of the provisions of thisSection8
Interim Ordinance hereby adopted shall constitute a nuisance and may be abated by the City
through civil process by means of restraining order,preliminary or permanent injunction,or in
any other manner provided by law for the abatement of such nuisances
Severability The City Council declares that,should any provision,Section 9.
section,paragraph,sentence,or word of this Interim Ordinance be rendereed or declared invalid
by any fina!court action in a court af competent jurisdiction
legislation,the remaining provisions,sections,paragraphs,sentences and words of this Interim
Ordinance shall remain in fuli force and effect
or by reason of any preemptive
Section 10 The City Clerk shall certify to the adoption of this Interim
Ordinance
Ordnance No.932 -Page 3 of 4
PASSED,APPROVED,AND ADOPTED this 20th day of June,2018.
Dennis Michael,May
ATTEST
nice C.Reynolds,City Clerk
STATE OF CALIFORNIACOUNTOFSANBERNARDINO ssCITYOFRANCHOCUCAMONGA)
)
,Janice C.Reynolds,City Clerk of the City of Rancho Cucamonga,do hereby certity that the
foregoing Urgency Ordinance was passed and adopted by a 4/5 vote at a regular meeting of the
City Council of the City of Rancho Cucamonga held on the 20th day of June,2018,by the
following vote:
AYES:Alexander,Kennedy,Michael,Spagnolo,Wiliams
NOES:None
ABSENT:None
ABSTAINED:None
Executed this 21*day of June 2018,at Rancho Cucamonga,California
ánice C.Reynolds,City Clerk
Ordnance No.932 Page 4 of 4
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10/4/19, 10(36 AM17.89.010 Purpose.
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Title 17 DEVELOPMENT CODE
ARTICLE V. SPECIFIC USE REQUIREMENTS
Chapter 17.89 CAR WASHING AND DETAILING
17.89.010 Purpose.
The purpose of this chapter is to regulate car washing and detailing uses, including mobile car washing, with
development standards and operational requirements that will ensure high quality car wash development and
address the mitigation of impacts that can be associated with car washes such as noise, water and air quality,
aesthetics, and traffic related impacts. (Ord. No. 948 § 6, 2019)
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10/4/19, 10(36 AM17.89.020 Development standards.
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Title 17 DEVELOPMENT CODE
ARTICLE V. SPECIFIC USE REQUIREMENTS
Chapter 17.89 CAR WASHING AND DETAILING
17.89.020 Development standards.
A. The site layout and design shall ensure that the queuing and drying areas will not create overspill onto
adjoining walkways and streets, or onto adjacent properties/parcels not associated with the car wash use.
B. All washing facilities shall be completely within an enclosed building.
C. Whether automatic, by hand, or self-service, the car wash structure (including wash bays) shall be
located a minimum 100 feet from the boundary of any residentially zoned or developed property.
D. All washing facilities shall be located within a building which is enclosed except those openings
necessary for vehicular and pedestrian access. Such openings shall not face any adjacent residentially zoned or
developed property.
E. Vacuuming facilities shall not be located along public or private streets and shall be completely screened
from adjacent residential properties for noise attenuation purposes. Additional noise attenuation may be
required depending on the number of vacuums, including distance separation, to the satisfaction of the
planning director.
F. All car wash developments shall be subject to the Rancho Cucamonga Commercial and Industrial Design
Guidelines. The car wash structure must be architecturally compatible in terms of mass, scale, and building
colors and materials with any other buildings on site and with the surrounding neighborhood.
G. The queuing area shall be of a sufficient length to accommodate the necessary stacking of vehicles. The
stacking distance shall be determined through a parking study as provided in Chapter 17.64 (Parking and
Loading Standards). Each drive-through lane shall be separate from the circulation route necessary for ingress
and egress from the property or access to any parking spaces within the site. (Ord. No. 948 § 6, 2019)
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10/4/19, 10(37 AM17.89.030 Operational requirements.
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Title 17 DEVELOPMENT CODE
ARTICLE V. SPECIFIC USE REQUIREMENTS
Chapter 17.89 CAR WASHING AND DETAILING
17.89.030 Operational requirements.
A. Hours of operation shall be limited to Monday through Saturday, 8:00 a.m. to 7:00 p.m., and Sunday,
9:00 a.m. to 6:00 p.m., unless site specific circumstances otherwise warrant alternative hours of operation, as
determined through the conditional use permit process.
B. Recycling of water used for vehicle washing shall be maximized. The use of recycling water systems and
the disposal of water fluids and solids shall comply with applicable state and federal guidelines/standards and
must be approved by the engineering services department.
C. All mechanical ventilating equipment shall be directed to exhaust vents and cannot face adjacent
residential properties. Exhaust systems shall be equipped with appropriate control systems to minimize or
eliminate noxious pollutants that may impact ambient air quality and must adhere to all applicable local, state,
and federal air quality standards.
D. All uses at the subject site, including any power driven or steam cleaning machinery, drying equipment,
or vacuuming machines shall maintain noise levels below the levels provided in Section 17.66.050 (Noise
standards) of this code.
E. The installation and operation of outdoor loudspeakers or public address systems is not permitted. (Ord.
No. 948 § 6, 2019)
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10/4/19, 10(38 AM17.89.040 Mobile car washing and detailing.
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Title 17 DEVELOPMENT CODE
ARTICLE V. SPECIFIC USE REQUIREMENTS
Chapter 17.89 CAR WASHING AND DETAILING
17.89.040 Mobile car washing and detailing.
Mobile car washing and detailing is considered an incidental use related to the permitted principal land use in any
zoning district upon which the activity takes place. A city business license and any applicable permits related to
wastewater or environmental protection must be obtained. The following operational requirements shall apply to all
mobile car washing and detailing uses:
A. Operators are prohibited from engaging in washing the exterior of a vehicle on any public street or
public right-of-way, or on any vacant unimproved lot.
B. Mobile car washing and detailing businesses operating in non-residential districts shall not operate
within 300 feet of a boundary of a residential district and/or residential structure.
C. Hours of operation in residential districts shall be limited to Monday through Saturday, 8:00 a.m. to 7:00
p.m., and Sunday, 9:00 a.m. to 6:00 p.m. Hours of operation in non-residential districts shall be limited to
Monday through Sunday, 8:00 a.m. to 7:00 p.m.
D. In nonresidential districts, mobile car washing and detailing businesses shall not operate at the same
location and/or at the same property for more than four hours during the permitted hours of operation (as
identified above) and shall not operate for more than one day per week.
E. In nonresidential districts, mobile car washing and detailing businesses shall not service more than 20
vehicles per location per week.
F. Operators shall maintain noise levels below the levels provided in Section 17.66.050 “Noise standards”
of this Code.
G. The operator of a mobile car washing and detailing business shall obtain, and have evidence of, the
authorization of the property owner (or the property owner’s authorized representative) to operate prior to
commencement of operations and throughout the duration of the activities.
H. At all times operators shall either contain wastewater for disposal off site or divert wastewater to a
sanitary sewer on site to the satisfaction of the engineering services director/city engineer. (Ord. No. 948 § 6,
2019)
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10/4/19, 10(40 AM17.38.040 Haven Overlay Zoning District.
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Title 17 DEVELOPMENT CODE
ARTICLE III. ZONING DISTRICTS, ALLOWED USES, AND DEVELOPMENT STANDARDS
Chapter 17.38 OVERLAY ZONING DISTRICTS
[ remove highlighting ]
17.38.040 Haven Overlay Zoning District.
A. Purpose. The purpose of the Haven Overlay Zoning District is to establish unique allowed use provisions
along Haven Avenue from Foothill Boulevard south to 4th Street. Haven Avenue is a major north-south travel
route and contains high-end office development with the unique combination of direct access to the
LA/Ontario International Airport and Interstate 10. Special allowed uses and development standards herein are
designed to enhance the city’s image by providing an intensive, high-quality, and prestigious gateway into the
community.
B. Applicability. The Haven Avenue Overlay Zoning District applies to property designated on the zoning
map by reference letters “HA” after the reference letter(s) identifying the base zoning district.
C. Allowed use. Allowed uses for the Haven Overlay Zoning District are listed below in Table 17.38.040-1
(Allowed Land Uses and Permit Requirements for Haven Avenue Overlay Zoning District). Generally, a use is
either allowed by right, allowed through issuance of a conditional use permit, or not permitted. In the table
below, a land use shown with a “P” indicates that the land use is permitted by right in the designated zoning
district, subject to compliance with all applicable provisions of this title (e.g., development standards) as well
state and federal law. Additionally, a land use shown with a “C” indicates that the land use is permitted in the
designated zoning district upon issuance of a conditional use permit from the designated approving authority,
subject to compliance with all applicable provisions of this zoning code (e.g., development standards) as well
as state and federal law. Uses not listed in the table are not permitted. In the event of a conflict between the
allowed uses for this district and the allowed uses of the underlying base zoning district, the allowed uses for
this district shall apply.
TABLE 17.38.040-1 ALLOWED LAND USES AND PERMIT REQUIREMENTS FOR
HAVEN AVENUE OVERLAY ZONING DISTRICT
Land Use/Zoning District HA
Recreation, Resource Preservation, Open Space, Education, and Public Assembly Uses
Assembly Use C
Community Center/Civic Use P
Indoor Fitness and Sports Facility—Large C
Indoor Fitness and Sports Facility—Small C
Park and Public Plaza C
Public Safety Facility C
School, Academic (Private)C
School, Academic (Public)C
School, College/ University (Private)C
School, College/ University (Public)C
10/4/19, 10(40 AM17.38.040 Haven Overlay Zoning District.
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Schools, Specialized Education and Training/Studio C
Utility, Transportation, Public Facility, and Communication Uses
Broadcasting and Recording Studios P
Park and Ride Facility P
Parking Facility C
Transit Facility C
Utility Facility and Infrastructure—Pipelines (1)P
Retail, Service, and Office Uses
Alcoholic Beverage Sales C
Banks and Financial Services P
Business Support Services P
Call Centers C
Child Day Care Facility/Center C
Convenience Store C
Furniture, Furnishing, and Appliance Store C
Hotel C
Massage Establishment P
Medical Services, General P
Office, Business and Professional P
Office, Accessory P
Restaurant, No Liquor Service P
Restaurant, Beer and Wine P
Restaurant, Full Liquor Service C
Retail, Accessory P
Automobile and Vehicle Uses
Car Washing and Detailing (2), (3), (4)C
Service Stations (2), (3)C
Table Notes:
(1) Utility facilities and infrastructure involving hazardous or volatile gas and/or liquid pipeline development require approval of a Conditional
Use Permit.
(2) Service stations and car washing and detailing establishments are prohibited within one-half (½) mile of the Foothill Boulevard/Haven
Avenue and the 4th Street/Haven Avenue intersections. No service station or car washing and detailing establishment shall be closer than
one-half (½) mile of another service station or car washing and detailing establishment as measured from the nearest property line.
(3) Service stations shall be designed to reflect the architectural standards and guidelines within the Haven Avenue Overlay District. No
corporate “prototype” architecture design will be permitted. Service stations are only permitted when designed as part of, and designed
consistent with, profession office complexes.
(4) Full service attended car washing and detailing establishments are permitted to operate a quick lube oil changes facility. Quick lube
facilities that are part of an attended car wash shall be fully screened from the Haven Avenue right-of-way.
D. Special development regulations. Special development regulations for the Haven Avenue Overlay
10/4/19, 10(40 AM17.38.040 Haven Overlay Zoning District.
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Zoning District are intended to result in a progressive, sophisticated, and urban style of development. Special
site planning and landscaping requirements are included in section 17.122.050 (Haven Avenue) to enhance the
pedestrian environment and create a campus-like atmosphere. (Code 1980, § 17.38.040; Ord. No. 855 § 4,
2012; Ord. No. 859, § 4, 4-17-2013; Ord. No. 881 § 4, 2015; Ord. No. 949 § 2, 2019)
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October 15, 2019
Santa Ana City Council
20 Civic Center Plaza
Santa Ana, CA 92701
RE: Moratorium on Car Washes
Dear City Councilmembers:
I would like to ask you to adopt a moratorium on new car washes in the City of Santa Ana
in order to develop standards that will limit their negative impact on our residents.
Currently, there are at least 22 existing car washes in Santa Ana. In Santa Ana’s 27
square miles, that is about one car wash per 1.2 square miles. In neighboring Anaheim,
there are at least 16 existing car washes within its 50 square miles, which is about one
car wash for every 3.1 square miles.
There are more car washes in Santa Ana than the total locations for McDonald’s, Taco
Bell, and Burger King in Santa Ana, and the amount of those fast food establishments in
Santa Ana feels overwhelming.
The environmental impacts of car washes, such as the harmful chemicals contained in
the soap, which becomes mixed with the dirt and grease removed from the cars, ends up
contaminating the soil underneath the car washes and our City’s underground water
supply, which affects our drinking water. I want Santa Ana to continue to make the news
for winning awards for having the best-tasting water, not the most contaminated water.
Twenty-two is a significant amount of locations for a use that provides our City little
economic benefit since there are minimal sales tax revenues generated from car washes.
The locations of many of these car washes result in the loss of some of the more desirable
commercial sites throughout the City.
Multiple cities in San Diego County and the Inland Empire have recognized the impacts
of having too many car washes and have passed moratoriums to develop standards that
limit their negative impacts. I hope that Santa Ana will do the same.
Sincerely,
Phil Bacerra