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HomeMy WebLinkAbout2009-18bk:10/26/09 • - RESOLUTION NO. 2009 18 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2009-19 AS CONDITIONED TO ALLOW INITIATION OF A CARWASH USE FOR THE PROPERTY LOCATED AT 202 EAST FIRST 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. Applicant is requesting approval of a conditional use permit to construct a 6,505 square foot automatic carwash on a vacant 1.1 acre parcel of land located on the south side of First Street between Cypress and Orange Avenues. B. Conditional Use Permit No. 2009-19, came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on • October 26, 2009. 1. Conditional Use Permit No. 2009-19 has been filed with the City of Santa Ana seeking to allow atwo-story structure to be located adjacent to the eastern property line and is oriented to allow cars to enter at the southern portion of the property near Walnut Street and exit adjacent to First Street. The first floor will constitute the car wash with the second floor reserved for ancillary office use. 2. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a conditional use permit upon making certain findings. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or community? The addition of an automatic carwash facility at this location will provide a quality amenity along a major arterial street which will contribute to the general well being of the community. Policy 2.2 of the Land Use Element encourages commercial land uses in • Resolution No. 2009-18 Page 1 of 6 adequate amounts to accommodate the City's needs for goods and services. ii. Will the proposed use 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 conditional use permit for an automatic car wash business will not be detrimental to persons residing or working in the area as appropriate design considerations and conditions of approval have been added to this project to ensure it will not result in any negative impacts on the surrounding properties. iii. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The construction of a new automatic car wash at this location will further enhance the present and future economic stability of this area by developing a previously vacant site with a high quality project which will provide a needed service to this area. Additionally, the project's location adjacent to a major arterial, as well as residential development, makes it an appropriate location for this type of use. Appropriate conditions of approval have been included for this project to ensure there are no negative impacts to the surrounding area. iv. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? The proposed project complies with or exceeds all applicable regulations and conditions specified in Chapter 41 for this use. Specifically, the project exceeds both the parking and landscaping requirements in the General Commercial (C-2) zoning district. v. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed use will not adversely affect the General Plan. The subject site is located within an area designated with the General Plan land use designation • Resolution No. 2009-18 Page 2 of 6 as General Commercial and is located within an established commercial corridor of the City. The development of the site supports Policy 5.5 of the Land Use Element of the General plan which encourages development that is compatible with and supportive of surrounding land uses. Further, this project supports Policy 2.2 of the Land Use Element which encourages development that accommodates the City's needs for goods and services. C. In accordance with the California Environmental Quality Act, the proposed project is Categorically Exempt per Section 15303. This Class 3 exemption applies to projects less than 10,000 square feet in urbanized areas where all necessary public services and facilities are available and the surrounding area is not environmentally sensitive. Section 2. The Planning Commission after conducting the public hearing hereby approves for the property located at 202 East First Street:. .Conditional Use Permit No. 2009-19, as conditioned in Exhibit "A" attached hereto and incorporated herein, to permit the subject property to initiate a use as an automated carwash with ancillary office These decisions are based upon the evidence submitted at the above said hearing, which includes but is not limited to: the Request for Planning Commission Action dated October 26, 2009 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 26th day of October, 2009 by the following vote: AYES: Commissioners: Alderete, Betancourt, Leo, Turner, Yrarrazaval (5) NOES: Commissioners: None (0) ABSENT: Commissioners: None (0) ABSTENTIONS: Commissioners: Gartner (1) a f ~ Christoph Leo Chairman Resolution No. 2009-18 Page 3 of 6 • APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney f '~' ~~ ~~~ By: Benjami Kaufma Chief A istant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Martha Ramirez, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2009-18 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on October 26, 2009. Date: ~- ~ ~~ • ~J ~~~ ~ Plan g Commission Secret City of Santa Ana Resolution No. 2009-18 Page 4 of 6 Conditions for Approval for Conditional Use Permit No. 2009-19 Conditional Use Permit No. 2009-19 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below rip or 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. A. Planning Division 1. The project shall remain in compliance with Site Plan Review (DP No. 09- 27). 2. Any amendment to this conditional use permit must be submitted to the Planning Division and Police Department for review. At that time, staff will determine if administrative relief is available or if the conditional use permit must be amended. • 3. Prior to a royal of a Certificate of Occu anc ,all on-site im rovements pp p Y p shall be made in accordance with the submitted plan. 4. Prior to issuance of building permits, a lighting plan including location, design details and foot-candle measurements shall be submitted to the Planning Division and Police Department for approval. 5. Hours of operation shall be limited to 7:00 a.m. to 9:00 p.m. 6. Roll-up doors shall be provided to restrict access to the carwash tunnel during non-operating hours. 7. Vacuuming equipment shall not be available or functional during non- operating hours. 8. Prior to approval of a Certificate of Occupancy, all on-site signage including directional signage shall be submitted to the Planning Department for review and approval and shall be under separate permit. EXHIBIT A Resolution No. 2009-18 Page 5 of 6 r~ 9. On-site employees shall be responsible for the removal of all litter and trash from the site each day. 10. Inoperable or malfunctioning equipment shall be repaired or replaced in a timely manner. 11. Landscaping shall be maintained in compliance with the submitted plan including all parkways and street trees. Any modifications to this plan shall be submitted to the planning department for review and subject to the approval of the Planning Manager. 12. There shall be no overnight parking of vehicles on site. 13. All ingress and egress to the property shall be restricted during non- operating hours. Prior to issuance of building permits, the design and location of any equipment restricting access to the site shall be reviewed and approved by the Planning Department. 14. There shall be no exposed neon lighting of any kind on either the building, parking lot canopies or in the windows. • 15. Enhanced paving shall be provided at both the First Street and Cypress Avenue driveways. 16. Customer restrooms shall be locked during all non-operating hours. 17. There shall be no outdoor speakers or any other sound amplifying devices installed on the site. 18. All parcels which are the subject of this application shall be consolidated into a single legal lot prior to issuance of a building permit. B. Police Department 1. Prior to approval of a Certificate of Occupancy, on-site lighting must comply with current Municipal Code standards. Resolution No. 2009-18 Page 6 of 6 Y • PROOF OF SERVICE (C.C.P. SECTION 1013(a), 2015.5) STATE OF CALIFORNIA, COUNTY OF ORANGE I am employed in the aforesaid county; I am over the age of eighteen and not a party to the within action; my business address is 20 Civic Center Plaza, Ross Annex Second Floor, Santa Ana, California 92701. I served the foregoingg document described as: Resolution No. 2009-18 (Conditional Use Permit No. 2009-19) in this action y p acing a true copy t ereo enc ose m sealed enve opes a ressed as follows: James Gartner Property Owner: James Gartner & Associates Arthur Demirchyan 2036 North Broadway 729 East Arrow Highway Santa Ana, CA 92706 Azusa, CA 91423 [ ] I caused to be delivered by courier, such envelope by hand to the office of the addressee(s). [X] BY MAIL I am readily familiar with my employer's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with U.S. Postal Service on that same day with postage thereon fully prepaid at Santa Ana, California m the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. [ ]The document was transmitted by EMAIL transmission and was reported as complete and without error. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed December 15, 2009 at Santa Ana, California. M R HA RAMIREZ •