2022 PC 16-22 RAPIDS EXPRESS INCCONDITIONAL USE PERMIT NO.3154-21
DESIGN REVIEW NO.5060-21
MINOR SITE PLAN REVIEW NO. 1074-21
RESOLUTION NO. PC 16-22
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ORANGE RECOMMENDING THAT THE CITY
COUNCIL APPROVE OF CONDITIONAL USE PERMIT NO.
3154-21, DESIGN REVIEW COMMITTEE NO. 5060-21, AND
MINOR SITE PLAN REVIEW NO. 1074-21 FOR THE
CONSTRUCTION OF A NEW 13,860 SQUARE FOOT
AUTOMATIC DRIVE THROUGH EXPRESS CARWASH
FACILITY WITH ASSOCIATED VACUUM STALLS AND
RELATED SITE IMPROVEMENTS LOCATED AT 1325 WEST
KATELLA AVENUE.
APPLICANT: RAPIDS EXPRESS INC. (GEOFF VON DER AHE)
Moved by Chair Vazquez and seconded by Commissioner Martinez that the following
resolution be adopted:
WHEREAS, the Planning Commission has authority per Orange Municipal Code (OMC)
Sections 17.10.020.13.2, 17.08.020, 17.10.030.C, and 17.13.030 to review and make a
recommendation to the City Council on applications involving zone changes, Conditional Use
Permit No. 3154-21, Design Review Committee No. 5060-21, and Minor Site Plan Review No.
1074-21 for the development of a new 13,860 square foot automatic drive through express
carwash facility with associated vacuum stalls and related site improvements; and
WHEREAS, Zone Change No. 1305-21, Conditional Use Permit No. 3154-21, Design
Review Committee No. 5060-21, and Minor Site Plan Review No. 1074-21 were filed by Rapids
Express Inc. ("applicant") in accordance with the provisions of the OMC; and
WHEREAS, Zone Change No. 1305-21, Conditional Use Permit No. 3154-21, Design
Review Committee No. 5060-21, and Minor Site Plan Review No. 1074-21 were processed in
the time and manner prescribed by state and local law; and
WHEREAS, on May 25, 2022, the City's interdepartmental Staff Review Committee
(SRC) reviewed the project and recommended the applications proceed subject to certain
conditions; and
WHEREAS, on August 17, 2022, the City's Design Review Committee reviewed the
project and recommended approval subject to conditions by a 4-0 vote; and
Resolution PC 16-22
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WHEREAS, Final Program Environmental Impact Report (EIR) No. 1815-09 for the
Comprehensive General Plan Update was certified on March 9, 2010 and prepared in accordance
with the California Environmental Quality Act. The proposed change in zoning is within the
scope of the previously approved General Plan and is adequately described in the previously
certified General Plan Program EIR for purposes of CEQA; and
WHEREAS, The proposed project is categorically exempt from the provisions of the
California Environmental Quality Act (CEQA) per State CEQA Guidelines 15332 (Class 32 - In -
fill Development Projects) because the project site is less than five acres; the project site has no
value as habitat for endangered, rare, or threatened species; the approval of the project would not
result in any significant effects relating to traffic, noise, air quality, or water quality; and the site
can be adequately served by all required utilities and public services; and
WHEREAS, the Planning Commission conducted one duly advertised public hearing on
September 19, 2022, at which time interested persons had an opportunity to testify either in
support of or in opposition to Zone Change No. 1305-21, Conditional Use Permit No. 3154-21,
Design Review Committee No. 5060-21, and Minor Site Plan Review No. 1074-21 upon
property described as follows:
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE
CITY OF ORANGE, COUNTY OF ORANGE, STATE OF CALIFORNIA,
AND IS DESCRIBED AS FOLLOWS:
PARCEL 1, IN THE CITY OF ORANGE, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 91, PAGES 39
AND 40 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF ORANGE COUNTY, CALIFORNIA.
EXCEPTING FROM THE NORTH 15 FEET OF SAID LAND, AN UNDIVIDED
ONE-FOURTH INTEREST IN AND TO ALL MINERALS, OIL, GAS AND
KINDRED SUBSTANCES LYING IN, UPON AND UNDER SAID LAND,
TOGETHER WITH THE RIGHT OF ENTRY THEREON FOR THE PURPOSE
OF DEVELOPING, EXTRACTING AND REMOVING SAID SUBSTANCES,
AS RESERVED IN THE DEED FROM POMONA COLLEGE, A
CORPORATION, RECORDED JANUARY 14, 1943 IN BOOK 1172, PAGE 528
OF OFFICIAL RECORDS.
APN: 375-232-17 AND 375-232-19
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission recommends
that the City Council approve Conditional Use Permit No. 3154-21, Design Review Committee
No. 5060-21, and Minor Site Plan Review No. 1074-21 to redevelop an existing 1.109-acre site
with a 13,860 square foot automatic drive through express carwash facility with associated
vacuum stalls and related site improvements, and Zone Change No. 1303-21 as addressed in
Resolution No. PC No. 24-22, based on the following findings:
Resolution PC 16-22
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SECTION 1— FINDINGS
General Plan Finding:
1. The project must be consistent with the goals and policies stated within the City's
General Plan.
The proposed project is consistent with the goals and policies stated within the City's
General Plan in that the project will enhance and promote the quality of life in the
community by supporting and enhancing diverse living environments. The proposed zone
change from C-R to UMU brings the site's zoning into compliance with its Urban Mixed
Use General Plan land use designation. The zone change would rectify an existing
General Plan and zoning inconsistency and the proposed development of the site for
mixed use and would implement the land use vision outlined in the General Plan Land
Use Element. The project is also consistent with other General Plan goals and policies
including:
Land Use Element Goal 3.0: Create commercial uses that provide a solid economic base
and employment opportunities and identify Orange as an attractive and diverse shopping
destination.
Land Use Policy 3.1: Promote development of revenue -generating land uses that help
defray the costs of high quality public services
Land Use Policy 3.3: Improve vehicular, pedestrian, and visual connections between
commercial areas and the rest of the community.
Urban Design Element Goal 2.0: Create commercial and mixed -use areas of varying
scale and function that are visually distinct and complement the City's identity.
Urban Design Policy 2.3: Improve the appearance of arterials and corridors that pass
through commercial and mixed -use areas. Use street trees and other landscape and
hardscape improvements to improve the visual and spatial experience of drivers, transit
riders, and pedestrians using City streets.
Urban Design Element Goal 4.0: Establish and reinforce district and neighborhood
characteristics recognized both within the community and throughout the region.
Urban Design Policy 4.1: Establish appropriate transitions between commercial,
industrial, higher density residential, mixed -use development, and lower density
residential areas
Zone Change Findings:
1. There are no required findings for a Zone Change since it is a legislative action.
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The Planning Commission finds that the proposed Zone Change from Commercial
Recreation (C-R) to Urban Mixed Use (UMU), brings the site's zoning into
consistency with the existing Urban Mixed Use (UMIX) General Plan land use
designation in accordance with state law. Therefore, approval of the zone change
contributes to implementation of the City's Land Use Plan and furthers the goals and
policies of the City's General Plan.
Conditional Use Permit Required Findings:
1. A conditional use permit shall be granted upon sound principals of land use and in
response to services required by the community. (OMC 17.10.030.F.1)
The granting of this Conditional Use Permit is based upon the sound principals of
land use and in response to services required by the community in that consideration
has been given to whether the proposed use will detrimentally affect the adjacent land
uses. The subject property is currently a standalone restaurant in a transitional area of
the Katella Avenue Corridor Focus Area. With the existing neighboring uses ranging
from general industrial uses, a major car dealership, gas station, and a multitenant
commercial mall, the proposed carwash facility offers a transitional use of the site.
The project site will remain a commercial use and the proposed use is compatible
with the established community and may support nearby regional attractions by
increasing the frequency of local visitors by offering services that are attractive to the
community. Granting a permit in this instance is therefore based upon sound land use
principles and responds to the needs of the community at -large.
2. A conditional use permit shall not be granted if it will cause deterioration of
bordering land uses or create special problems for the area in which it is located.
(OMC 17.10.030.F2)
The project is not expected to detrimentally affect adjacent land uses or create special
problems in the area. The project site is adjacent to general industrial uses to the north
and west, to the Mazda dealership to the south, by a gas station to the southwest and
by the Stadium Promenade to the west. The proposed site layout will not alter the
existing driveway access locations. A queuing analysis for the vehicle stacking for the
project has been analyzed and has been deemed acceptable by the City's Traffic
Engineer. The applicant has proposed a contingency plan in the event that the queue
exceeds twenty vehicles. Employees will monitor vehicle stacking and direct vehicle
access to prevent spill out onto Katella Avenue and Main Street. A Noise Study was
not required for the project because the site is on a major commercial intersection and
there are no nearby residential neighborhoods.
3. A conditional use permit must be considered in relationship to its effect on the
community or neighborhood plan for the area in which it is located. (OMC
17.10.030.F.3)
The new carwash facility and associated landscaping improvements generally
satisfies the development standards for the Urban Mixed Use (UMU) zone. The
building design incorporates a contemporary architectural style with features that
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include varied flat roof lines, alternating wall planes, and curved canopies. Integrated
into the design of the architecture are trees with a large Coastal Live Oak- to be
planted in front of the Katella Avenue building elevation. The proposed landscaping
will complement the building design and provides much more than landscaping than
is required than the project site requires. A right of way dedication of two feet has
been provided for the critical intersection of Katella Avenue and Main Street and all
right-of-way improvements including accessibility have been satisfied. Therefore, the
effects on the community within this area of the City have been considered and
appropriately addressed and any specific requirements are included as conditions to
be satisfied prior to permit issuance.
4. A conditional use permit, if granted, shall be made subject to those conditions
necessary to preserve the general welfare, not the individual welfare of any
particular applicant. (OMC 17.10.030.F.4)
All project conditions maintain a purpose of preserving the general welfare of the
City and community. Conditions specifically serve to manage project construction
impacts, provide for site maintenance, address water quality, accommodate disabled
person site access, protect or improve the public right-of-way, protect or improve
utilities and accommodate aesthetics. In addition, conditions have been included to
prevent drive -through queuing impacts on Katella Avenue and Main Street, and to
ensure the drive -through car wash complies with the City's regulations.
Design Review Findings:
1. The project design upholds community aesthetics through the use of an internally
consistent, integrated design theme and is consistent with all adopted specific plans,
applicable design standards, and their required findings (OMC 17.10.07.F.3).
The subject property is not within any specific plan area or established district with
applicable design standards. The proposed building and design may establish a new phase
of design. Few sites in the area have fully developed any projects using the UMU
development standards. And over time, the Katella Avenue Corridor will fully develop
into a more urban setting focused on retail, office, and services thereby strategically
maximizing the development potential of the area as intended by the City's General Plan.
Overall, the project presents a unifying theme and results in a high quality, internally
consistent design that is compatible with the eclectic mix of styles in the surrounding
area.
Minor Site Plan Review Findings:
1. The project design is compatible with surrounding development and neighborhoods.
(OMC 17.10.060. H.1)
The surrounding development and neighborhood consist of general industrial uses to the
north and east and commercial uses to the south and west. The project will provide a
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revitalized architectural and landscaped appearance to the Katella Avenue commercial
corridor, consistent with surrounding development in its massing, scale, design and
function.
2. Minor Site Plan approval shall be granted if the project conforms to City development
standards and any applicable special design guidelines or specific plan requirements
(OMC 17.10. 060. H. 2).
The proposed building does not meet the minimum lot size and maximum floor area ratio
requirements of 1.5-3.0 of the Urban Mixed -Use land use designation. The proposed
building does bring the property into greater compliance with the current Urban Mixed -
Use General Plan and zoning standard. There are no special design guidelines or specific
plans affecting the property.
3. Minor Site Plan approval shall be granted if the project provides for safe and adequate
vehicular and pedestrian circulation, both on- and off -site (OMC 17.10.060.H.3).
The project provides safe and adequate access and circulation for vehicles and
pedestrians from Katella Avenue and Main Street. The on -site circulation has been
designed to accommodate all access needs for parking spaces and for emergency
vehicles. There is sufficient queue stacking for twenty vehicles with an overflow before
any vehicles would spill out onto the public streets. In addition, the study provides for a
contingency plan to be activated should there be periods where longer queues form that
could impact traffic flow on Katella Avenue and Main Street. The contingency plan
includes monitoring of the queue should an increase arise where access will be directed
by employees to enter on Main Street away from the Katella Avenue entrance. Disabled
parking and access has been designed to accommodate building code requirements.
4. Minor Site Plan approval shall be granted if City services are available and adequate to
serve the project (OMC 17.10.060.H.4).
A review of the project with all City departments concludes that City services will be
available and adequate to serve this site, including water, sewer, police and fire services.
5. Minor Site Plan approval shall be granted if the project has been designed to fully
mitigate or substantially minimize adverse environmental effects (OMC 17.10.060.H.5).
No environmental effects have been identified for the project. The OMC will adequately
manage construction and use regulation needs of the project.
SECTION 2 — ENVIRONMENTAL REVIEW
Final Program Environmental Impact Report (EIR) No. 1815-09 for the Comprehensive General
Plan Update was certified on March 9, 2010 and prepared in accordance with the California
Environmental Quality Act. The proposed change in zoning is within the scope of the previously
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approved General Plan and is adequately described in the previously certified General Plan
Program EIR for purposes of CEQA.
Categorical Exemption: The proposed project is categorically exempt from the provisions of
the California Environmental Quality Act (CEQA) per State CEQA Guidelines 15332 (Class 32 -
In -fill Development Projects) because the project site is less than five acres; the project site has
no value as habitat for endangered, rare, or threatened species; the approval of the project would
not result in any significant effects relating to traffic, noise, air quality, or water quality; and the
site can be adequately served by all required utilities and public services. No public review is
required.
SECTION 3— CONDITIONS OF APPROVAL
BE IT FURTHER RESOLVED that the following conditions are imposed:
General:
1. The project shall conform in substance and be maintained in general conformance with
plans and exhibits date stamped August 23, 2022, including any modifications required
by conditions of approval, and as approved by the Planning Commission. Any future
expansion in area or in the nature and operation of the use approved by Conditional Use
Permit No. 3154-21 shall require an application for a new or amended Conditional Use
Permit.
2. The applicant agrees to indemnify, hold harmless, and defend the City, its officers, agents
and employees from any and all liability or claims that may be brought against the City
arising out of its approval of this permits, save and except that caused by the City's active
negligence. The City shall promptly notify the applicant of any such claim, action, or
proceedings and shall cooperate fully in the defense.
3. The applicant shall comply with all federal, state, and local laws, including all City
regulations. Violation of any of those laws in connection with the use may be cause for
revocation of this permit.
4. Conditional Use Permit No. 3154-21 shall become void if not vested within two years
from the date of approval. Time extensions may be granted for up to one year, pursuant to
OMC Section 17.08.060.
5. Any modifications to the plans including, but not limited to, the landscaping and parking
as a result of other Department requirements such as Building Codes, water quality, Fire,
or Police shall be submitted for review and approval to the Community Development
Director or designee. Should the modifications be considered substantial, the
modifications shall be reviewed and approved by the City Council.
6. Except as otherwise provided herein, this project is approved as a precise plan. After any
application has been approved, if changes are proposed regarding the location or
alteration of any use or structure, a changed plan may be submitted to the Community
Development Director for approval. If the Community Development Director determines
that the proposed change complies with the provisions and the spirit and intent of the
approval action, and that the action would have been the same for the changed plan as for
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the approved plan, the Community Development Director may approve the changed plan
without requiring a new public hearing.
7. Any future expansion in area or in the nature and operation of the approved use by
Conditional Use Permit No. 3154-21 shall require a new or amended application for an
automatic drive through carwash facility and associated vacuum stalls.
8. Building permits shall be obtained for all construction work, as required by the City of
Orange, Community Development Department's Building Division. Failure to obtain the
required building permits may be cause for revocation of this entitlement.
9. The project approval includes certain fees and/or other exactions. Pursuant to
Government Code Section 66020, these conditions or requirements constitute written
notice of the fees and/or exactions. The applicant is hereby notified that the ninety (90)
day protest period commencing from the date of approval of the project has begun. If the
applicant fails to file a protest regarding these conditions or requirements, the applicant is
legally barred from later challenging such exactions per Government Code Section
66020.
10. In conjunction with construction, all activity will be limited to the hours between 7:00
a.m. and 8:00 p.m. Monday through Saturday. No construction activity will be permitted
on Sundays and Federal holidays.
11. Within two (2) days of final approval of this project, the applicant shall deliver to the
Planning Division a cashier's check payable to the Orange County Clerk in an amount
required to fulfill the fee requirements of Fish and Game Code Section 711.4(d)(2) and
the County Administrative fee, to enable the City to file the Notice of Determination
required under Public Resources Code 21152, & Cal Code Regulations 15075.
12. These conditions shall be reprinted on the second page of the construction documents
when submitted to the Building Division for the plan check process.
13. Any graffiti shall be removed within 72 hours from the time the City of Orange Notice of
Violation is received by the applicant/property owner.
14. Prior to the operation of the business, the applicant shall file for, or if applicable, amend a
business license with the Business License Division. Failure to obtain the required
business license will be cause for revocation of this approval.
15. In conjunction with the operation of the business, all noise levels generated shall conform
to the levels allowed by the OMC.
16. In conjunction with the operation of the business, all loading and trash enclosure areas
shall be maintained and kept clean and free of debris.
17. In conjunction with the operation of the business, should parking or queuing issues arise
on the site or the surrounding neighborhood, the applicant shall work with the
Community Development Department to resolve any issues. If such issues are not
resolved to the City's satisfaction, the Conditional Use Permit shall be presented to the
Planning Commission for its consideration of further conditions and modifications
18. The automatic car wash service shall operate its vehicle queuing and on -site circulation in
the manner as described in the drive -through Queuing Analysis. At no time shall the
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operator allow vehicles of customers to straddle the public right-of-way (sidewalk,
driveway, street) and shall employ measures to direct customers from causing any such
conflict with keeping the public right-of-way clear by ensuring a maximum queue
stacking of twenty vehicles.
Water Quality:
19. Prior to City approval of the landscape plans, the applicant shall review the approved
Water Quality Management Plan and ensure the proposed landscape plans are consistent
with the project grading plans. The plans must show any proposed storm water treatment
Best Management Practices such as bioretention planters, drywells, permeable pavers, or
any other proposed surface water quality BMPs.
Fire Department:
20. Prior to Building Permit issuance, the applicant shall provide a specification data sheet
for proposed roof -translucent material, Acrylite.
Public Works, Development Services:
21. Prior to building permit issuance, the project proponent shall request and complete a
quitclaim deed of the SAVI line within the property by the City of Orange.
22. Prior to building permit issuance, the project proponent shall complete a street right-of-
way dedication with Public Works Department for an additional 2 foot of street frontage
along Katella Avenue, and additional area to accommodate a standard sidewalk access
ramp at the northeast corner of Katella Avenue and Main Street.
23. Prior to building permit issuance, project proponent shall complete and record a
reciprocal sewer/drainage agreement with the adjacent parcel to the east with AP
Number: 375-232-20. The agreement shall include but not limited to responsibility for
the removal/reconstruction of proposed structures along the existing 15-foot easement for
maintenance or repairs of sewer/drainage.
Design Review Committee:
24. Tree maintenance shall be performed in such a manner as to allow all trees to retain their
full canopy height and breadth for shade at the point of maturity, except as required for
public safety purposes.
In addition to the above conditions, procedural requirements are contained herein as Attachment
A to this Resolution.
I hereby certify that the foregoing Resolution was adopted on September 19, 2022 by the
Planning Commission of the City of Orange by the following vote:
AYES: Vazquez, Glasgow, Simpson, Martinez and Trapesonian
NOES: None
RECUSED: None
ABSENT: None
Resolution PC 16-22
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Davi Vazquez, Planning C mmission Chair
Date