DATE:
February 7, 2023
TO:
Mayor and Council Members
FROM:
Nils Bentsen, City Manager
BY:
Rachel Molina, Assistant City Manager
Ryan Leonard, Senior Planner
Jacquelyn Castillo, Administrative Analyst
SUBJECT:
Consideration of an Urgency Ordinance Establishing a Moratorium on the Establishment or Expansion of Car Washes for a Period of 45 Days.
RECOMMENDED ACTION
It is recommended that the City Council adopt Urgency Ordinance 2023-01 pursuant to California Government Code Section 65858 establishing a forty-five (45) day moratorium on the establishment or expansion of car washes.
BACKGROUND
Pursuant to State law, Government Code Section 65858, a city may enact an interim zoning ordinance on an urgency basis for the protection of public safety, health, and welfare by prohibiting any use(s) that a city is intending to study within a reasonable period of time. If approved, the ordinance will be effective for a period of 45 days from the date of adoption, unless extended prior to the end of the 45-day period.
ISSUES/ANALYSIS
There are three common types of car washes: full service, express, and ancillary facilities. Full-service car washes are usually stand-alone facilities where employees either hand wash or detail vehicles. Express car washes are usually fully automated car wash facilities with self-serve vacuum stalls. Ancillary facilities are typically automated facilities that are associated with gas stations, and more commonly called drive- thru car washes. There are currently no City-wide regulations in effect regarding the operational and locational standards for car washes of any type.
The City currently has nineteen (19) car washes including two (2) full-service facilities, nine (9) express facilities, and seven (7) facilities that are attached to gas stations, minimarts, and other auto related services.
Number
Type
Company
Location
1 Full Service
Shark Sight Hand Car Wash and Hot Wax
Main St
2 Express
Main Street Car Wash
Main St
3 Express
Hesperia Speedwash
Main St
4 Express
Xpress Car Wash Inc
Main St
5 Full Service
Bear Valley Car Wash
Bear Valley Rd
6 Express
Bear Valley Coin Car Wash
Bear Valley Rd
7 Express
Quick Quack Car Wash
Bear Valley Rd
8 Express
E-Z Coin Car Wash
Main St
9 Express
Quick Quack Car Wash
Main St
10 Express
Quick Quack Car Wash
Main St
11 Express
Express Car Wash
Bear Valley Rd
12 Express
Mister Car Wash
Main St
13 Gas Station
Verma Car Wash
Ranchero Rd
14 Gas Station
Gaius Family Corp
Main St
15 Gas Station
Chevron Travel Center
Main St
16 Gas Station
Main Street Inc
Main St
17 Gas Station
Sky Marketing Inc
Main St
18 Gas Station
Western Refining Retail
Main St
19 Autowash and Oil Center
VIP Quick Car Wash & Lube
Bear Valley Rd
As developable land becomes scarcer in the City, there is concern that the proliferation of car washes without due consideration presents an immediate threat to public health, safety, or welfare because car washes generate undesirable conditions for adjacent properties as a result of noisy, large-scale industrial equipment including vacuums, pumps, pressurized sprayers, dryers, engines, and car stereos. In addition, the use increases vehicle traffic in the immediate vicinity, and can cause runoff of chemicals. Airborne mist, odors from chemicals and vehicle exhaust are also a result of such uses.
Furthermore, the oversaturation of car washes in the City provides little economic benefit to the City or City residents as there are minimal sales tax revenues associated with the use, few employees hired, and typical wages paid would not increase the City’s overall median income. Car washes are often noisy due to large industrial sized equipment and cause an increase in vehicular traffic where they are located. Additionally, car washes near residential uses have the potential to expose residents to excessive noise and traffic. The negative impacts frequently associated with operation of car washes will likely increase as car washes continue to proliferate throughout the City, resulting in an unregulated and significant negative impact upon public health, safety, and welfare of the community.
Staff intends to study the issues associated with car washes to determine which locations are most appropriate for the use, and the types of development standards that should be imposed on their operation to mitigate any potential impacts. This includes reviewing land use definitions for car washes to determine if revisions are needed, evaluating all land use districts in which car washes are permitted for suitability and study development standards and best practices from other jurisdictions to determine if they would be appropriate City-wide.
Further, staff believes that continued approval of 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. Without further regulation of their location and operation, there is the potential for significant negative impacts by the development of new car washes or the expansion of existing car washes that cannot be mitigated.
Pursuant to Government Code Section 65858, a city may adopt an interim ordinance, prohibiting any uses that may be in conflict with a contemplated general plan, specific plan, or zoning proposal that the legislative body, planning commission or the planning department is considering or studying or intends to study within a reasonable time, for the immediate preservation of the general health, safety or welfare, provided the ordinance contains a declaration of the facts constituting the urgency, and is passed by not less than a four-fifths (4/5) vote of the City Council.
FISCAL IMPACT
There are no fiscal impacts identified with this action.
ALTERNATIVE(S)
Provide alternative direction to staff.
ATTACHMENT(S)
Urgency Ordinance 2023-01
01071.0032/614514.2
Page PAGE 2 of NUMPAGES 2
Staff Report to the City Council
Urgency Ordinance- Car Wash Moratorium
February 7, 2023
City of Hesperia
STAFF REPORT