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HomeMy WebLinkAbout31A - CUP - 4412 WESTMINSTER AVEREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 20, 2016 TITLE: CONDITIONAL USE PERMIT NO. 2016-36 AND VARIANCE NO. 2016-07 TO ALLOW THE TWO THUMBS UP CAR WASH AT 4412 WESTMINSTER AVENUE — JAMES GARTNER, APPLICANT (STRATEGIC PLAN NO. 3,2) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: F.T570041WE ® As Recommended 71 As Amended ® Ordinance on 1" Reading ® Ordinance on 206 Reading [I Implementing Resolution ® Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file the staff report approving Conditional Use Permit No. 2016-36 as conditioned and Variance No. 2016-07 as conditioned. PLANNING COMMISSION ACTION At its regular meeting on November 28, 2016, by a vote of 6:0 (Gartner abstained), the Planning Commission adopted a resolution approving Conditional Use Permit No. 2016-36 to allow the construction of an automatic car wash and Variance No. 2016-07 as conditioned for a reduction in required setbacks and to allow the building to exceed the allowable height at 4412 Westminster Avenue located in the General Commercial (C-2) zoning district. The Planning Commission added a condition of approval to require the planting of vines and Italian Cypress trees on the mobile home (south) side of the block wall that will be built to separate the car wash from the mobile home park (Exhibit A). DISCUSSION The applicant is requesting approval to construct a 4,900 -square -foot automatic car wash building and a 1,000 -square -foot office building. The car wash structure will be located at the southernmost section of the site and is designed to allow access to the car wash from a driveway on Westminster Avenue. An additional driveway is proposed on Newhope Street that will be used for exiting purposes only. A single pay point, with a stacking lane of approximately 100 feet, will be provided. The architectural style of the building is contemporary in nature with a variety of materials including colored glass panels, aluminum storefronts, concrete masonry units and horizontal aluminum reveals to be utilized. The roof of the building will be curved to add visual interest, with anodized aluminum frames used on all windows and doors. The canopies for the drying stations will utilize similar materials to those found on the car wash structure. The proposed hours of operation will be from 7:00 a.m. to 9:00 p.m. daily. 31A-1 CUP No. 2016-36 and VA No. 2016-07 — Two Thumbs Up Car Wash, 4412 Westminster Avenue December 20, 2016 Page 2 A 15 -foot landscaped setback will be provided along the Newhope Street frontage and an 18 -foot setback along the Westminster Avenue frontage. A 10 -foot high solid block wall will be constructed along the south property line to provide a buffer between the car wash and residences and minimize any noise impacting the adjacent residences. Full-sized site plans are available for public viewing in the Clerk of the Council Office. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #3 - Economic Development, Objective #2 (create new opportunities for business/job growth and encourage private development through new General Plan and Zoning Ordinance policies). FISCAL IMPACT There is no fiscal impact associated with this action. .s-yrsvy assan Haghq i, AI Executive Director Planning & Building Agency VF:rb Vt\wp51\reports\CUP 16-36 & VA 16-7 Thumbs Up Car Wash= Exhibit: A. Planning Commission Staff Report 31A-2 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: NOVEMBER 28, 2016 TITLE: PUBLIC HEARING — FILED BY JAMES GARTNER FOR CONDITIONAL USE PERMIT NO. 2016-36 AND VARIANCE NO. 2016-07 TO ALLOW THE TWO THUMBS UP CAR WASH AT 4412 WESTMINSTER AVENUE (STRATEGIC PLAN NO. 3,2) Prepared by Vince Fregoso Executive Director RECOMMENDED ACTION PLANNING COMMISSION SECRETARY APPROVED ❑ As Recommended ❑ As Amended ❑ Set Public Hearing For DENIED ❑ Applicant's Request ❑ Staff Recommendation CONTINUED TO Planning Manageli 1. Adopt a resolution approving Conditional Use Permit No. 2016-36 as conditioned. 2. Adopt a resolution approving Variance No. 2016-07(a) as conditioned to allow a reduction in required setbacks. 3. Adopt a resolution approving Variance No. 2016-07(b) as conditioned to allow the building to exceed the allowable height. Request of Applicant James Gartner, representing 4414 Westminster Avenue LLC, is requesting approval of a conditional use permit to allow the construction of an automatic car wash facility at 4412 Westminster Avenue. Pursuant to Section 41-377.5(b) of the Santa Ana Municipal Code (SAMC), car washes require the approval of a conditional use permit in the General Commercial (C2) zoning district. Further, the applicant is requesting approval of a variance from Section 41-380 to allow a reduction in the required 15 -foot landscaped setback on Westminster Avenue and from Section 41-382 to allow the building to exceed 15 feet in height adjacent to a residential use. Protect Location and Site Description The subject site currently consists of two separate parcels of land and is approximately 1.1 acres in size. The project site is rectangular in shape and is located on the southeast corner of Westminster Avenue and Newhope Street. The western parcel is currently vacant, while the eastern parcel is occupied by an automotive repair use and a vacant retail building. EXHIBIT A 31A-3 CUP No. 2016-36 and VA No. 2016-07 November 28, 2016 Page 2 The project site has a General Plan land use designation of General Commercial (GC) and is zoned General Commercial (C2). General Commercial land use districts are key components in the economic development of the City and provide important neighborhood facilities and services, such as this car wash facility. As proposed, the project site is consistent with the General Plan and Zoning designations. The site is surrounded by commercial uses to the north, east and west, and a mobile home park to the south (Exhibits 1, 2 and 3). Prosect Description The applicant is requesting approval of a conditional use permit and two variances in order to construct a new car wash. Specifically, the project will entail the construction of two structures: A 4,900 -square - foot automatic car wash building and a 1,000 -square -foot office building. The car wash structure will be located at the southernmost section of the site and is designed to allow access to the car wash from a driveway on Westminster Avenue. An additional driveway is proposed on Newhope Street that will be used for exiting purposes only. A single pay point, with a stacking lane of approximately 100 feet, will be provided. The architectural style of the building is contemporary in nature. A variety of quality building materials including colored glass panels, aluminum storefronts, concrete masonry units and horizontal aluminum reveals will be utilized. The roof of the building will be curved to add visual interest, with anodized aluminum frames used on all windows and doors. The canopies for the drying stations will utilize similar materials to those found on the car wash structure. The proposed hours of operation will be from 7:00 a.m. to 9:00 p.m. daily. A total of 22 parking spaces, including 21 spaces equipped with vacuums, will be provided to allow patrons to dry and/or vacuum their vehicles. A 15 -foot landscaped setback will be provided along the Newhope Street frontage and an 18 -foot setback along the Westminster Avenue frontage. However, as dedication for future street widening is required for this project, the Westminster Avenue setback will be reduced to 10 feet when the widening project commences. A solid block wall ranging in height from six to 10 feet will be constructed along the south property line to provide a buffer between the car wash and residences and minimize any noise impacting the adjacent residences. Vine pockets will be incorporated into the block wall where feasible to prevent graffiti as required by the City's graffiti mitigation design guidelines (Exhibits 4 through 7). Project Backaround The subject site consists of two separate lots. The westernmost parcel of land, addressed as 4426 Westminster Avenue, has been vacant since the City annexed the land from the County. Based on a review of City records, it was once occupied by a service station. The eastern parcel of land, 4412 and 4414 Westminster Avenue, contains two buildings that were constructed in 1961. The smaller building to the west was occupied by a variety of uses, including a restaurant, bar and most recently a retail store. The larger building has been occupied by an automotive service use. 31A-4 CUP No. 2016-36 and VA No. 2016-07 November 28, 2016 Page 3 In June 2006, a conditional use permit was approved to allow the construction of a 7-11 service station and market on the western parcel. However, for unknown reasons, the project never moved forward with construction and the conditional use permit expired. Proiect Analysis Conditional Use Permit Section 41-377.5(b) of the Santa Ana Municipal Code (SAMC) allows automatic carwashes subject to the approval of a conditional use permit in the General Commercial (C2) zoning district. The conditional use permit requirement allows staff and decisional makers the ability to review each project on an individual basis to determine its compatibility with the surrounding area and apply appropriate conditions to ensure the proposed business will not negatively affect the surrounding properties or community. As part of the analysis process for the conditional use permit, staff is required to analyze a variety of issues to ensure a quality development and to provide justifications for findings needed to recommend approval as governed by Section 41-638 of the SAMC. These include the extent to which the proposed project provides a needed product or service to the community; the project will not be detrimental to the health, safety or welfare of the community; the project will not cause economic instability in the area; the project complies with the development standards contained in the City's Zoning Ordinance (SAMC Chapter 41); and that the project is in conformance with the City's General Plan. Staff also identifies any potential impacts the project may have to surrounding properties and develops appropriate conditions of approval or design considerations to minimize or eliminates those issues. After analyzing the applicant's proposal, staff is supportive of the applicant's request for a conditional use permit for the following reasons. First, the proposed automatic car wash facility will provide a service to the commercial and residential uses in the area and will prove an affordable and convenient car wash service. Although a car wash is located to the east of the proposed project, it is a coin-operated facility that offers minimal services to customers. The proposed car wash will offer additional services (enhanced washing and vacuuming) that are not found in the immediate area. Second, conditions of approval have been included that will result in a project that will not be a detriment to persons residing or working in the vicinity. For instance, vehicles will not be permitted to access the site from Newhope Street, which will minimize impacts to the surrounding arterial street system. And, the car wash has been designed to minimize potential impacts to vehicles travelling on Westminster Avenue and Newhope Street by locating the driveway away from the intersection and by providing an internal stacking area that has been designed to minimize impacts to the street system. Further, a condition requiring a solid block wall between six and 10 feet in height at the south property line adjacent to the mobile home will minimize any potential noise impacts created by the car wash use. Third, the proposed use will assist in identifying the site as 31A-5 CUP No. 2016-36 and VA No. 2016-07 November 28, 2016 Page 4 viable location to operate a business and will revitalize vacant and underutilized parcels of land. Of the two project parcels, one has been vacant for over 15 years, with the other parcel containing a vacant building. Development of this site will identify this area of the City as an opportunity area for investment. Fourth, the proposed project will be in compliance with all applicable regulations and provisions of Chapter 41 of the Santa Ana Municipal Code, with the exception of front yard setbacks and building height, which the applicant is requesting a variance to obtain relief from these standards. All other provisions of the Code will be complied with, such as landscaping, trash enclosure, handicap path of travel and lighting will be provided to bring the site into compliance with code. Finally, the proposed use will not adversely affect the General Plan. Land Use Element Policy 2.2 supports commercial land uses in adequate amounts to accommodate the City's needs for goods and services. Land Use Element Policy 2.8 promotes rehabilitation of commercial properties, and encourages increased levels of capital investment. Urban Design Element Policy 1.5 encourages enhanced architectural forms, textures, colors and materials are expected in the design of all projects. The proposed automatic car wash will be consistent with each of these General Plan policies. Setback and Building Height Variances Santa Ana Municipal Code (SAMC) Section 41-380 requires a 15 -foot front yard landscaped setback for all properties in the General Commercial (C-2) zoning district. The applicant is requesting approval of a variance to reduce the required setback along Westminster Avenue from 15 feet to 10 feet. In addition, SAMC Section 41-382 limits commercial structures to 15 feet in height if located within 20 feet of residentially zoned or used property. As proposed, the building will be 12 feet in height adjacent to the mobile home park and 31 feet in height at its highest point when 10 feet away from the residences. Although the building will contain a step back, it will still exceed the maximum allowable height. As a result, a variance from the height standard is required. Through the variance process, the SAMC provides for the ability to vary from the development standards contained in the code where there is a condition unique to size, shape, topography, location or surroundings of the site. In this case, there are special circumstances of the subject site that would warrant a variance from the current development standards. The following outlines the unique challenge of this particular parcel of land that warrants approval of a reduction in the landscaped setback and building height standards. The project site is located on a corner lot fronting both Newhope Street and Westminster Avenue, major arterial streets as defined by the Circulation Element of the General Plan. Since the site fronts two arterial streets, a minimum setback of 15 feet is required on both frontages, which impacts the allowable footprint of the buildings. Second, the site is rectangular in shape, with the depth of the lot less than half of the lots width. Due to the linear shape of the lot, it is difficult, if not infeasible, to increase the size of the lot. There are limited options to increase the size of the lot to accommodate the car wash use without affecting neighboring properties due to the development pattern and built out environment surrounding the subject site. Third, a dedication of eight feet is 31A-6 CUP No. 2016-36 and VA No. 2016-07 November 28, 2016 Page 5 required along the Westminster Avenue frontage to accommodate future street widening. This dedication further constricts the applicant's ability to develop the site with a functional car wash use. Fourth, the design requirements of a car wash use, where the use requires minimum areas to accommodate driveways, vacuum stations and the placement of buildings, in conjunction with a lot with minimal depth, further restricts the placement of the building on the site. Finally, car wash uses typically require higher ceilings to provide adequate clearance for trucks and vehicles that will use the facility. In order to allow a car wash to be constructed on the site, an increase in the allowable height is needed. To mitigate the potential impacts associated with the car wash use, the applicant is proposing several site improvements. The strip of land to be dedicated to the City for future widening will be landscaped, thereby providing an 18 -foot landscaped setback until such time as the dedication is needed. The landscaping will also be designed in a way to be minimally affected once the land is required for street purposes. Further, the landscaping will be increased in size to provide a more mature appearance when the car wash is operational. In addition, a block wall of up to 10 feet in height will be constructed along the south property line to ensure no noise or other impacts affect the residential uses. Finally, the proposed project will comply with all other applicable development standards for the use, except for setbacks and building height. On October 24th, the Planning Commission held a public hearing on the proposed project. After receiving public input, the Commission continued the item for 30 days to allow staff and the applicant time to address concerns related to aesthetics, more specifically the height of the building, on-site circulation and noise mitigation. First, staff and the applicant met to discuss options for altering the height of the building to minimize its impact on the adjacent residential uses. Due to the unique design of the structure, and the desire to maintain elements that contribute to the overall design, the applicant intends to maintain the proposed 31 -foot building height. The applicant has agreed to remove the solar panels from the structure at the south side of the building, which will help reduce the visual impacts of the building. Additionally, the applicant is proposing to change the material on the south side of the building from glass to a solid wall, which conveys a sense of privacy to the residences while maintaining the visual appeal of the structure. To provide context of the surrounding structures and depict the compatibility of the proposed building with the adjacent uses, the applicant has provided photographs of adjacent structures (Exhibit 8). Second, staff analyzed the stacking lanes for the two automatic car washes (210 East First Street and 4426 West First Street) that were approved by the Commission. The stacking lanes for those projects ranged from 148 to 170 feet, while the proposed project has a 240 - foot long lane. After discussing the lane distance with the Public Works Agency, it was determined that the stacking lane for this project exceeds minimum standards and would not result in any impact to Westminster Avenue. Finally, staff met with the applicant's noise consultant to discuss measures that could be considered to minimize and reduce potential noise impacts. In response, the applicant's proposal to change the material on the south side of the building to a solid wall will help mitigate potential noise travelling south towards the residences. In addition, a 10 -foot high 31A-7 CUP No. 2016-36 and VA No. 2016-07 November 28, 2016 Page 6 sound wall will be built at the south property line adjacent to the residential uses, with a 10 -foot high wall proposed along a portion of the east property line that will extend for a distance of 60 feet (Exhibit 9). As proposed, these improvements will result in an enhanced project that will minimize impacts to the adjacent community. As a result, staff is recommending approval of the proposed car wash project. Public Notification The project site is located within the Riverview West Neighborhood Association. Staff contacted the president of this association, who had no concerns with the proposed project. Additionally, the project site was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and mailed notices were sent to all property owners within 500 feet of the project site. At the time of this printing, staff received one call regarding the project. Staff met with the individuals to review the circulation and design of the project. CEQA Compliance In accordance with the California Environmental Quality Act the recommended action is exempt from further review per Section 15332. This Class 32 exemption allows infill development provided they are consistent with the zoning and General Plan, do not have any noise or traffic impacts, and can be served by existing utilities. The car wash facility is a new, small facility that has been found by the City's development review agencies to not create any adverse impacts. The facility is proposed to be located on a site that is not designated by federal, state, or local agencies to be an environmental resource of hazardous or critical concern. The cumulative impact of this project will not be significant as there are no other similar car wash facilities currently on or near the site, the property is already served by roads and utilities, and will not create any adverse impacts such as noise, traffic, or safety concerns. There is no reasonable possibility that the project will have a significant effect on the environment due to unusual circumstances. The project is not located within a highway officially designated as a state scenic highway and will not result in damage to scenic resources. The project is not located on a site which is included on any list compiled pursuant to Section 65962.5 of the Government Code. Lastly, the project is not proposed on a site that is considered a historical resource or that is listed in the Santa Ana Register of Historic Properties. As a result, Categorical Exemption Environmental Review No. 2016-20 will be filed for this project. Strateaic Plan Alignment Approval of this item supports the City's efforts to meet Goal No. 3 Economic Development, Objectives No. 2 (create new opportunities for business/job growth and encourage private development through new General Plan and Zoning Ordinance policies). 31A-8 CUP No. 2016-36 and VA No. 2016-07 November 28, 2016 Page 7 Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission approve Conditional Use Permit No. 2016-36 as conditioned and Variance No. 2016-07 (a) and (b) as conditioned. Vince Fregoso, AICP Principal Planner VF:jm V6wp5lVeportslCUP 16-36 & VA 16-7 Thumbs Up Car Wash.112616.pc Attachments: Exhibit 1 — Vicinity Map Exhibit 2 — Land Use Map Exhibit 3 — Site Photo Exhibit 4 — Site Plan Exhibit 5 — Floor Plan Exhibit 6 — Building Elevations Exhibit 7 — Landscape Plan Exhibit 8 — Photographs from Adjacent Mobile Home Park Exhibit 9 — Project Renderings 31A-9 WESTMINSTER AVE. '71P 2 C21p- /�{ ,'CASSC��LLI 2 Q •♦l +'y x it RI 1 Al Pia RI RI jl 11 1 PI Rl - Ir p Al RI it RIPI fll fll .ter RI ' y, 5p-2 • nRl r PI RI RI R1 RI RIRI _ RI RI R2 .*r ; RI RI PI RI R, RI w R1 l H0.IAM AV sDs] R1T I:. 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Al CJ31@gLAWOA lj GR a W,Mg;�L RI 91,13EFaM,LYfexamL .R GNFNWm ncAG ! cc R2 NO LYPHDa4M O9A O MSCKSYJM1IMAN MI W KXSMAL W MUL11PLFO NMWPLE G COMMUMNDOMM@Del M2 ,iN/YMJGbTflPt F LY CIAT DCMM.¢MJE♦7A %%L AM9RRGT MO MIDWRGCFEiN110N9 Po 9BJ18ARARVR em C2 GHI@NLQ7AM@UAL O Q' d9RMF w FESOKUL OXIE m CRMAL@BM P PRXEZOl w SH DEMO !T 6A D@J1 VJWP.GAAISGvU fC0 RAM9lO UMT'DL4HtYM@rT 9 9i'�FlCFUW G RPNR®9MRRNG�l1Bt RV RAN�Ia�O@JIIALCP90RA@JT (5 ARIERALp3.IMBaAL ds!N CUP 2016-36/VA 2016-07 A TWO THUMBS UP CAR WASH dc" 4412 WESTMINSTER AVENUE i"=IWDFFI£TT P L A N N I N G A N D B U I L D I N G A G E -NC Y VICINITY MAP EXHIBIT 1 31A-10 CUP 2016-36NA 2016-07 kAi TWO THUMBS UP CAR WASH 4412 WESTMINSTER AVENUE S' P L A N N I N G A N D 8 U I L O I N G A G E N C Y LAND USE MAP EXHIBIT 2 31A-1 1 ING 1 E- A AI 1 L V P F 5 I N i N C F h 6 p M al f R CI A l N C M M F R C 9 l C O M M F R C I A l V A C A N WESTMINSTER AVENUE 1 R 1 O M RI f R E A L 1 C cM AI F C! A t i 1 6 1 = Z F AI O 8 1 L E H O AI E P A A R 1 .A O T U 11 1 1 CUP 2016-36NA 2016-07 kAi TWO THUMBS UP CAR WASH 4412 WESTMINSTER AVENUE S' P L A N N I N G A N D 8 U I L O I N G A G E N C Y LAND USE MAP EXHIBIT 2 31A-1 1 CUP 2016-36 & VA 2016-07 TWO THUMBS UP CAR WASH 4412 WESTMINSTER AVENUE EXHIBIT 3 31A-12 31A-13 '; O 'p' , ", !, I ; Y1. ; 14 5 v M, xv D SSMU (goo qp�uy U 4,T 66 "o Ip 40[Air'( - tRx' 0 rr- C) 'C' 0, Ell CY oal L EXHIBIT 4 31A-13 EXHIBIT 5 31A-14 EXHIBIT 6 Page 1 of 4 31A-15 G � i ii as 1 !^ II � I!1 F I i I 1 i � 1 I i i } 1 P� fY 77 1pp 1 � 3 _ sd1�a�Ss�s5f EXHIBIT 6 Page 1 of 4 31A-15 Page 2 of 4 31A-16 ,svm WD SS78dk3 fA Page 2 of 4 31A-16 Page 3 of 4 31A-17 H S 4 b4 Jt l S S] Ha Y 9 Ln gI 4 2 El El ( Y 4° P 7} z e jg � � 1k S yy¢aPt sp Page 3 of 4 31A-17 �'• �i��.,�' I I xu51 U X "'.)tiNdX3 f HV"'.) sv 3 � f� L "i,l ♦ \ 7 Y s r z R Sr f pgg' � tit b ♦ �l ♦ GYM ' O , I I �� rr .b e � }x _ I z " I , n f ri i 1 i p Page a of a 31A-18 EXHIBIT 8 CUP 2016-36NA 2016-7 VIEW OF SURROUNDING STRUCTURES FROM MOBILE HOME PARK 31A-20 Page 2 of 3 31A-22 Page 3 of 3 31A-23 LS 11.28.16 RESOLUTION NO. 2016-41 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2016-36, AS CONDITIONED, TO ALLOW A CAR WASH AND VARIANCE NO. 2016-07, AS CONDITIONED, TO ALLOW A REDUCTION IN SETBACKS AND AN INCREASE IN BUILDING HEIGHT AT THE PROPERTY LOCATED AT 4412 WESTMINSTER AVENUE 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 Conditional Use Permit No. 2016-36 to allow the construction of an automatic car wash at 4412 Westminster Avenue. B. Santa Ana Municipal Code Section 41-377.5(b) requires approval of a conditional use permit for car washes in the General Commercial (C-2) zoning district. C. Santa Ana Municipal Code Section 41-380 requires a 15 -foot landscaped setback along any street frontage in the General Commercial (C-2) zoning district. D. Santa Ana Municipal Code Section 41-382 requires a building to be setback a minimum of 20 -feet if it exceeds 15 -feet in height and is adjacent to a residentially zoned or used property in the General Commercial (C-2) zoning district. E. On October 24, 2016, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2016-36 and Variance No. 2016- 07. The Planning Commission continued Conditional Use Permit No. 2016-36 and Variance No. 2016-07 to November 28, 2016. F. The Planning Commission of the City of Santa Ana determines that the following findings, which must be established in order to grant this Conditional Use Permit pursuant to Santa Ana Municipal Code Section 41- 638, have been established for Conditional Use Permit No. 2016-36 to allow the construction of an automatic car wash: Resolution No. 2016-41 Page 1 of 11 31A-24 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 proposed automatic car wash facility will provide a service to the community. The proposed car wash is a use that will support the adjacent commercial and residential uses in the area. This will thereby benefit the community by providing affordable and convenient car wash service with easy access from two major arterial streets. The automatic car wash service will provide a convenient and local option for car wash patrons. 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 automatic car wash facility will not be detrimental to persons residing or working in the vicinity because the car wash has been designed to minimize potential impacts to vehicles travelling on both Westminster Avenue and Newhope Street. The internal stacking area adjacent to the streets is a minimum of 100 feet prior to entering the pay point. A minimum eight -foot high solid block wall will be provided at the south property line to minimize any potential noise impacts created by the drying machine and vacuums. Additionally, conditions of approval to restrict the hours of operation and outdoor speakers have been incorporated to mitigate potential adverse impacts from occurring on the premises. 3. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The proposed use will not adversely affect the economic stability of the area, but will identify the site and area as a viable location to operate a business. The lot shape has constrained its development opportunities, with the relatively deteriorated nature of the surrounding properties also constraining the property's marketability. The construction of a high quality building in conjunction with the on and off-site improvements will enhance the economic viability of the area. The proposed project will identify this area as available for further economic development, with the proposed car wash facility providing an affordable and convenient car wash service that will attract patrons to the Resolution No. 2016-41 Page 2 of 11 31A-25 area. This will in turn benefit and enhance the economic stability of the area. 4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. The proposed project will be in compliance with all applicable regulations and provisions of Chapter 41 of the Santa Ana Municipal Code with the exception of setbacks and height, which the applicant is proposing to obtain a variance from these standards. Site improvements are proposed to bring the site into compliance with the remaining provisions of the zoning code. On-site landscaping will be provided according to the current standards. In addition, amenities such as a new trash enclosure, a handicap path of travel and lighting will be provided to ensure the project is in compliance with code. Finally, new on-site improvements will be made to ensure the facility complies with local, regional and federal water quality standards. 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 use will not adversely affect the General Plan but is consistent with several goals and policies of the document. Goal 1 of the Land Use Element encourages uses that promote a balance of land uses that address basic community needs, Goal 3 supports projects that improve the character and integrity of neighborhoods, and Goal 5 ensures that the impacts of development are mitigated. Land Use Element Policy 2.2 supports commercial land uses in adequate amounts to accommodate the City's needs for goods and services. Land Use Element Policy 2.8 promotes rehabilitation of commercial properties, and encourages increased levels of capital investment. Urban Design Element Policy 1.5 encourages enhanced architectural forms, textures, colors and materials are expected in the design of all projects. The proposed automatic car wash will be consistent with each of these General Plan policies. G. The Planning Commission of the City of Santa Ana determines that the following findings, which must be established in order to grant this Variance pursuant to Santa Ana Municipal Code Section 41-638, have been established for Variance No. 2016-07 to allow a reduction in landscaped setbacks and an increase in the allowable building height: Resolution No. 2016-41 Page 3 of 11 31A-26 1. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, that the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this Chapter. The project site has a special circumstance related to its size, shape and location. Due to the site being surrounded by development, and the unique rectangular shape of the lot, the applicant is unable to obtain additional land to build a structure that can meet the setback standards and be lower in height. Also, it is infeasible to construct a car wash facility with a ceiling height that meets code due to the type of trucks and vehicles that will need access to the facility. As a result, special circumstances exist that warrant a variance. 2. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The granting of the variance is necessary for the preservation and enjoyment of substantial property rights. Allowing the buildings to be constructed with a reduced setback and height variance will allow the owner the ability to construct a new car wash on partially vacant and underutilized parcels of land. Shifting the building to comply with the height standard would significantly reduce the ability to construct a car wash, which impacts the property rights of the owners. The strict application of the standards would also result in an impact to the vacuum station area and internal circulation pattern of the site, which would make the car wash unfeasible at this location. Therefore, the granting of the variance is necessary for the preservation and enjoyment of substantial property rights and will preserve the property owners right to develop a vacant and underutilized properties with a use that is allowed in the zoning district and will assist in revitalizing the area, which preserves the property owners right to upgrade and develop their property. 3. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The granting of the variance will not be detrimental to the public or surrounding properties as the building and site have been designed to comply with all applicable development standards except for the landscape and height Resolution No. 2016-41 Page 4 of 11 31A-27 setbacks. The new building and related site improvements such as new landscaping will enhance this property as well as the surrounding properties. The proposed building has been designed to minimize operational impacts to surrounding properties, including the adjacent residential properties, through site design and conditions of approval. The project site has been previously used as a service station, auto repair and as a commercial building, which met none of the City's development standards. The site's lot size has constrained its development opportunities and the relatively deteriorated nature of the surrounding properties also constrained the property's marketability. The proposed project will make a substantial capital investment with the construction of a high quality building and significant on and off-site improvements, thereby improving the surrounding properties 4. That the granting of a variance will not adversely affect the General Plan of the City. The project will not adversely affect the general plan as the proposed car wash use is a permitted use in the General Commercial land use designation. In addition, the project is consistent with several goals and policies of the General Plan. Goal 1 of the Land Use Element encourages uses that promote a balance of land uses that address basic community needs, Goal 3 supports projects that improve the character and integrity of neighborhoods, and Goal 5 ensures that the impacts of development are mitigated. Policy 1.10 encourages the location of commercial uses at arterial roadway intersections in commercial districts, Policy 2.2 supports commercial land uses in adequate amounts to accommodate the City's needs for services, Land Use Element Policy 2.8 promotes the rehabilitation of commercial properties and encourages increased levels of capital investment, Policy 2.10 supports new development which is harmonious in scale and character with existing development in the area, and Urban Design Element Policy 1.5 encourages projects that include enhanced architectural forms, textures, colors and materials. The car wash facility is consistent with these goals and policies and has been designed to provide architectural and visual interest to the site and adjacent community. The project will also incorporate a generous amount of enhanced landscaping along both the Westminster Avenue and Newhope Street frontages and throughout the site. Resolution No. 2016-41 Page 5 of 11 31A-28 H. In accordance with the California Environmental Quality Act the recommended action is exempt from further review per Section 15332. This Class 32 exemption allows infill development provided they are consistent with the zoning and General Plan, are on a project site of no more than five acres surrounded by urban uses, do not have any noise or traffic impacts, and can be served by existing utilities. The car wash facility is a new, small facility that has been found by the City's development review agencies to not create any adverse impacts. The facility is proposed to be located on a site that is not designated by federal, state, or local agencies to be an environmental resource of hazardous or critical concern. The cumulative impact of this project will not be significant as there are no other similar car wash facilities currently on or near the site, the property is already served by roads and utilities, and will not create any adverse impacts such as noise, traffic, or safety concerns. There is no reasonable possibility that the project will have a significant effect on the environment due to unusual circumstances. The project is not located within a highway officially designated as a state scenic highway and will not result in damage to scenic resources. The project is not located on a site which is included on any list compiled pursuant to Section 65962.5 of the Government Code. Lastly, the project is not proposed on a site that is considered a historical resource or that is listed in the Santa Ana Register of Historic Properties. As a result, Categorical Exemption Environmental Review No. 2016-20 will be filed for this project. Section 2. The applicant agrees to indemnify, hold harmless, and defend the City of Santa Ana, its officials, officers, agents, and employees, from any and all liability, claims, actions or proceedings that may be brought arising out of its approval of this project, and any approvals associated with the project, including, without limitation, any environmental review or approval, except to the extent caused by the sole negligence of the City of Santa Ana. Section 3. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2016-36 as conditioned in Exhibit A attached hereto and incorporated herein, and Variance No. 2016-07 as conditioned in Exhibit B attached hereto and incorporated herein, for the project located at 4412 Westminster Avenue. 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 October 24, 2016, and exhibits attached thereto; and, the Request for Planning Commission Action dated November 28, 2016, and exhibits attached thereto; and, the public testimony, written and oral, all of which are incorporated herein by this reference. Resolution No. 2016-41 Page 6 of 11 31A-29 ADOPTED this 28th day of November, 2016. AYES: Commissioners: Alderete, Bacerra, Bauer, McLoughlin, Mendoza, Verino (6) NOES: Commissioners: None (0) ABSENT: Commissioners: None (0) ABSTENTIONS: Commissioners: Gartner (1) Lynnette Verino Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Bv: Lisa Storck Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, ROSA BARELA, Acting Recording Secretary, do hereby attest to and certify the attached Resolution No. 2016-41 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on November 28, 2016. Date: Acting Recording Secretary City of Santa Ana 31A-30 Resolution No. 2016-41 Page 7 of 11 EXHIBIT A Conditions of Approval Conditional Use Permit No. 2016-36 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 belowrip 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. 1. All proposed site improvements must conform to the Site Plan Review approval of DP No. 2015-66. 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 the conditional use permit must be amended. 3. Prior to approval of Certificate of Occupancy, all on-site improvements shall be made in accordance with the submitted plans. 4. Hours of operation shall be limited to 7:00 a.m. to 9:00 p.m. seven days a week. 5. Roll -up doors shall be provided to restrict access to the car wash tunnel during non-operating hours. 6. Vacuuming equipment shall not be available or functional during non-operating hours. 7. Prior to approval of Certificate of Occupancy, all on-site signage including directional signage shall be submitted for review and approval and shall be under separate permit. 8. On-site employees shall be responsible for the removal of all litter and trash from the site each day. 9. Inoperable or malfunctioning equipment shall be repaired or replaced in a timely manner. Resolution No. 2016-41 Page 8 of 11 31A-31 10. 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 Division for review and subject to the approval of the Planning Manager. 11. Prior to submittal into building plan check, a final landscape plan shall be submitted for review and approval. The landscape plan shall incorporate an increase in sizes of the landscape palette to 24 -inch box trees, 15 -gallon shrubs and 5 -gallon ground cover. In addition, vines and Italian Cypress Trees shall be planted on the mobile home side (south) of the block wall that will be built to separate the car wash from the mobile home park. 12. There shall be no overnight parking of vehicles on site. 13.There shall be no exposed neon lighting of any kind on either the building, parking lot canopies or in the windows. 14. Customer restrooms shall be locked during all non-operating hours. 15.There shall be no outdoor speakers or any other sound amplifying devices installed on the site. 16. Prior to issuance of building permits, a voluntary lot merger shall be applied for, be approved and be recorded with the County Recorder's office. Resolution No. 2016-41 Page 9 of 11 31A-32 EXHIBIT B Conditions of Approval Variance No. 2016-07 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 belowrip or to exercising the rights conferred by this variance. 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 variance. 1. All proposed site improvements must conform to the Site Plan Review approval of DP No. 2015-66. 2. Any amendment to this variance must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the variance must be amended. 3. Prior to approval of Certificate of Occupancy, all on-site improvements shall be made in accordance with the submitted plans. 4. Hours of operation shall be limited to 7:00 a.m. to 9:00 p.m. seven days a week. 5. Roll -up doors shall be provided to restrict access to the car wash tunnel during non-operating hours. 6. Vacuuming equipment shall not be available or functional during non-operating hours. 7. Prior to approval of Certificate of Occupancy, all on-site signage including directional signage shall be submitted for review and approval and shall be under separate permit. 8. On-site employees shall be responsible for the removal of all litter and trash from the site each day. 9. Inoperable or malfunctioning equipment shall be repaired or replaced in a timely manner. Resolution No. 2016-41 Page 10 of 11 31A-33 10. Prior to submittal into building plan check, a final landscape plan shall be submitted for review and approval. The landscape plan shall incorporate an increase in sizes of the landscape palette to 24 -inch box trees, 15 -gallon shrubs and 5 -gallon ground cover. 11. Landscaping, once installed, shall be maintained per the approved landscape plan. After project occupancy, landscaping is to be maintained to include the minimum level of plant materials installed at the time of occupancy and per the approved plan. 12. The required trees shall be upgraded to 24 -inch boxed size and shrubs shall be upgraded to 5 -gallon size throughout the project. 13. Vine pockets shall be planted on the block wall that is located on the south property lines. In addition, vines and Italian Cypress Trees shall be planted on the mobile home side of the block wall that will be built to separate the car wash from the mobile home park. 14. There shall be no overnight parking of vehicles on site. 15.There shall be no exposed neon lighting of any kind on either the building, parking lot canopies or in the windows. 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. Resolution No. 2016-41 Page 11 of 11 31A-34