Agenda packet — Huntington Park City Council, August 2, 2022 (part 1 of 2)

COUNCIL COMMUNICATIONS
Council Member Karina Macias Council
Member Graciela Ortiz
Vice Mayor Marilyn Sanabria
Mayor Eduardo "Eddie" Martinez

ADJOURNMENT
The City of Huntington Park City Council will adjourn to a Regular Meeting on Tuesday, August 16, 2022 at_6:00 P.M.

I, Eduardo Sarmiento, hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted at City of Huntington Park City Hall and made available at www.hpca.gov not less than 72 hours prior to the meeting. Dated this 28th day of July 2022.
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Eduardo Sarmiento, City Clerk

CITY COUNCIL MEETING AGENDA
August 2, 2022 Page 8 of 7

Item 9

CITY OF HUNTINGTON PARK
Community Development Department
City Council Agenda Report

August 2, 2022
Honorable Mayor and Members of the City Council
City of Huntington Park
6550 Miles Avenue
Huntington Park, CA 90255
Dear Mayor and Members of the City Council:

APPEAL OF PLANNING COMMISSION DECISION: 3100 FLORENCE AVENUE:

NEW CAR WASH PLANNING COMMISSION CASE NO. 2020-04 CUP DP IT IS RECOMMENDED THAT CITY COUNCIL:

1. Following a public hearing and public testimony, adopt the attached resolution to deny Case No. 2020-04 with the findings therein.

BACKGROUND
On May 18, 2022, the Planning Commission, following a public hearing, denied the above-referenced application. The findings that the Planning Commission made to deny the project are contained in the attached PC Resolution No. 2020-04. The attorney for the property owner is appealing the Planning Commission decision to the City Council.

The appellant submitted exhibits with the appeal application, attached.

ANALYSIS
The Planning Commission discussed several issues in reference to its decision to deny the application. Staff recommends that the City Council uphold the Planning Commission’s decision to deny the proposed car wash project because a new car wash could lead to an oversaturation of car wash services in the City and impact the surrounding residential neighborhood.

Nearby Car Wash Services
In their deliberation, members of the Planning Commission noted that there are “too many” car washes in the vicinity of the project, the approval of which would lead to an oversaturation of car wash services in the City. The proposed car wash would be the only self-serve “express” car wash (self-serve tunnel) in Huntington Park and within approximately 1-1/4 miles of the site, as noted in the following table:

APPEAL OF PLANNING COMMISSION DECISION: 3100 FLORENCE AVENUE— NEW CAR WASH / PLANNING COMMISSION CASE NO. 2020-04 CUP DP August 2, 2022

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Address Name Type Site Size
3100 Florence HP Proposed Car Wash Self-serve tunnel 38,198 sf 2974 Florence HP Bien Coin Car Wash Self-serve stalls: 4 10,680 sf 3356 Florence HP Reye’s Car Wash & Detail Center Full-serve stalls: 1 5,906 sf 3003 Gage HP Crystal Car Wash Full-serve tunnel 18,202 sf 2730 Slauson HP NCM Car Wash Full-serve tunnel 15,806 sf 7201 Santa Fe WP Santa Fe Hand Car Wash Full-serve stalls 12,248 sf 2556 Cudahy WP Cosala Car Wash Full-serve stalls 17,361 sf There are more car washes between 1-1/4 miles and 2 miles of the site. The closest “express” car washes (self-serve tunnel) are at 4100 Firestone Boulevard in South Gate (approximately 1.5 miles away) and 7700 Atlantic Avenue in Cudahy (approximately 1.6 miles away).

Express car washes are characterized by low base price, free vacuums, 6-minute wash cycle, and maximum automation (“Defining the Express Exterior Carwash,” Brian Bath, carwash.com, October 11, 2010). This type of car wash will save the customer time compared to the extended wait times typical of a full-service car wash. Because vacuuming and final detail work is done by the customer after the wash, express car washes are offered at a lower price than a comparable full-service car wash.

Although there are several car washes in the vicinity of the site, two within two miles of the site currently offer an express self-service. The proposed car wash will be the largest (by site size) in the area. The proposed car wash will likely saturate the local market of car wash services in the short term and cause some of the nearby smaller car washes to eventually close and be replaced by other commercial uses.

Noise
In their deliberation, members of the Planning Commission noted that the car wash would introduce a new source of noise to the neighborhood with the concern that it would be adverse to the public interest of the residents on properties adjacent to the project site.

With the proposed construction of a 10-foot wall, the noise level in the noisiest residential yard at human ear level would be 54 dBA, compared to the existing measured average background noise level that ranges from 57.4 to 60.6 dBA during potential business hours at that location.

Air Quality
In their deliberation, members of the Planning Commission noted that the car wash will introduce a new source of air pollution to the neighborhood. The Initial Study prepared for the project concluded that with the required construction-phase air quality mitigation measures, the project would have a less-than-significant effect on air quality.

Furthermore, the localized emissions from idling vehicles will have a less-than-significant impact on the neighborhood because they are well below the SCAQMD localized thresholds for criteria pollutants, as discussed in the Initial Study. Finally, construction of a new car wash is expected to reduce idling and wait times for car washes throughout the community, resulting in an overall reduction of idling and wait times.

APPEAL OF PLANNING COMMISSION DECISION: 3100 FLORENCE AVENUE— NEW CAR WASH / PLANNING COMMISSION CASE NO. 2020-04 CUP DP August 2, 2022

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Water Use
In their deliberation, members of the Planning Commission noted that the car wash will use a large volume of water. The Sanitation Districts of Los Angeles County estimated that the car wash would increase the wastewater generation of the site by 11,073 gallons per day (see attachment). The applicant provided a written estimate that the car wash would demand up to 10,051 gallons per day of water and generate up to 9,051 gallons per day of wastewater (see attachment). The applicant also calculated that 60% of the water used by the car wash equipment will have been recycled on-site.

Alternative Use of Site
In their deliberation, members of the Planning Commission noted that the car wash will provide only 3 jobs per shift (fewer jobs than other commercial uses) and less in tax revenue than other commercial uses. The project will increase the taxable assessed value of the property, as the proposed improvements ($2,000,000 estimated construction cost) will replace a demolished office building ($250,000 approximate value). The annual revenue (excluding sales tax) from vending machine sales is expected by the applicant to be $106,000, $1,060 which is received by the City of Huntington Park. Continuance of the existing 11,718 square foot medical office building as the current use will not increase the assessed value of the property or generate sales tax but will provide local employment at the site.

Alternative Car Wash Location
In their deliberation, members of the Planning Commission speculated that there may be a better location for the proposed car wash. Staff is not aware of an alternative location that would meet the applicant’s needs for site size, commercial zoning, and adequate street access.

No Public Opposition
Prior to the May 18 Planning Commission public hearing, Planning staff visited thirteen properties on Walnut Street closest to the south property line of the site and the church and left information regarding the May 18 Planning Commission hearing, meeting agenda, and Planning Manager contact information. The applicant also independently contacted residents on southerly adjacent properties and reported that residents expressed a concern regarding homeless encampments on the site.

In light of the public outreach efforts by staff, nobody submitted communication or attended either of the April 20 or May 18 Planning Commission meetings in opposition to the project.

APPEAL OF PLANNING COMMISSION DECISION: 3100 FLORENCE AVENUE— NEW CAR WASH / PLANNING COMMISSION CASE NO. 2020-04 CUP DP August 2, 2022

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CONCLUSION
Staff recommends that the City Council deny the project as the proposed car wash because a new car wash could lead to an oversaturation of car wash services in the City and negatively impact the residential neighborhood.

Respectfully submitted,

RICARDO REYES
City Manager

STEVE FORSTER
Interim Community Development Director

ATTACHMENT(S)
A. City Council Resolution to Deny Application
B. Alternative City Council Resolution to Approve Application C. Documentation of expected wastewater generation: Applicant-provided calculation and Los Angeles County Sanitation Districts comment letter D. Appeal application with Appellant-provided exhibits (includes all materials provided to the Planning Commission May 18, 2022)
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28 CITY COUNCIL RESOLUTION NO. 2022-26

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

HUNTINGTON PARK, STATE OF CALIFORNIA, DENYING A

CONDITIONAL USE PERMIT AND DEVELOPMENT PERMIT IN
CONNECTION WITH REAL PROPERTY AT 3100 FLORENCE
AVENUE, HUNTINGTON PARK, CALIFORNIA.

WHEREAS, a public hearing was held in the City Hall, 6550 Miles Avenue, Huntington Park, California on Tuesday, August 2, 2022 at 6:00 p.m., pursuant to the notice published and posted as required by law in accordance with the provisions of the Huntington Park Municipal Code (HPMC), upon an application from Salazar Law, APC, to appeal the May 18, 2022 Planning Commission decision to deny Case No. 2020-04, an application by Leedco Engineers, Inc., requesting approval of a Conditional Use Permit and Development Permit to allow construction and operation of a new automated drive-thru car wash with self-serve vacuum stalls and vending machines at 3100 Florence Avenue; and
WHEREAS, the City Council has reviewed the request and has found that all of the required findings for approval of a Conditional Use Permit and Development Permit including Design Review findings can be made as required by the Municipal Code; and WHEREAS, the City Council has considered the environmental impact information relative to the proposed request; and
WHEREAS, all persons appearing for or against the approval of the Conditional Use Permit and Development Permit were given the opportunity to be heard in connection with said matter; and
WHEREAS, all written comments received prior to the hearing, and responses to such comments, were reviewed by the City Council; and
WHEREAS, the City Council is required to announce its findings and recommendations.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HUNTINGTON PARK DOES FIND, DETERMINE, RECOMMEND AND RESOLVES AS FOLLOWS:

SECTION 1: Based on the evidence in the Initial Study prepared for the project, the 2 1
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28 City Council finds that the project, as proposed, will have a less-than-significant impact on the environment with the incorporation of mitigation measures and adopts a Mitigated Negative Declaration.

SECTION 2: The City Council hereby makes all of the following required findings for a Conditional Use Permit in connection with Case No. 2020-04:

1. The proposed use is conditionally permitted within, and would not impair the integrity and character of, the subject zoning district and complies with all of the applicable provisions of this Code.

Finding: The proposed drive-thru car wash with vending machines is conditionally permitted within the subject zoning district. The subject zoning district is Commercial General (CG) and the proposed project will not impair the integrity and character of the zoning district as it will comply with all of the applicable provisions of the Huntington Park Municipal Code.

2. The proposed use is consistent with the General Plan.

3. The approval of the Conditional Use Permit for the proposed use is in compliance with the requirements of the California Environmental Quality Act (CEQA) and the City’s Guidelines.

Finding: The approval of this project includes the adoption of a Mitigated Negative Declaration in compliance with the requirements of the California Environmental Quality Act (CEQA) and the City’s Guidelines.

4. The design, location, size and operating characteristics of the proposed use 3 1
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28 are compatible with the existing and planned future land uses within the general area in which the proposed use is to be located and will not create significant noise, traffic or other conditions or situations that may be objectionable or detrimental to other permitted uses operating nearby or adverse to the public interest, health, safety, convenience or welfare of the City.

Finding: The proposed car wash is adjacent to a major arterial street on a site of 38,198 square feet. The traffic study prepared for the project concluded that the car wash would have adequate on-site space for queuing and would not have a significant impact on traffic or public safety. The noise study prepared for the project concluded that with the incorporation of mitigation measures, the car wash would not have a significant noise impact on the community. The design, location, size, and operating characteristics of the proposed car wash is not expected to be detrimental to the public health, safety and welfare of the City.

The proposed project will be harmonious and compatible with the existing commercial uses presently located within the vicinity and zoning district.

Additionally, the site has adequate vehicle circulation and access.

5. The subject site is physically suitable for the type and density/intensity of use being proposed.

Finding: The proposed car wash is adjacent to a major arterial street on a site of 38,198 square feet. The proposed 4,969 square foot car wash building and associated development will comply with all development standards and adequate ingress and egress will exist on the site.

6. There are adequate provisions for public access, water, sanitation and public utilities and services to ensure that the proposed use would not be detrimental to public health, safety and general welfare.

Finding: Vehicular and pedestrian access to the site would be provided from Florence Avenue. The proposed car wash has an unusually large demand for 4 1
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28 water supply and sanitation service compared to most other commercial services; however, the Initial Study prepared for the project concluded that adequate infrastructure exists to serve the proposed water and wastewater demand. The project will not require changes to existing public utilities. Given that the surrounding area is already completely developed with public access, water, sanitation, and other public utilities, the proposed project would not affect these infrastructures or require any types of modifications. In addition, the proposed project would not impede the accessibility to public access, water, sanitation, or other public utilities and services.

SECTION 3. The City Council hereby makes all of the following required findings for a Development Permit in connection with Case No. 2020-04:

1. The proposed development is one permitted within the subject zoning district and complies with all of the applicable provisions of this Code, including prescribed development/site standards.

2. The proposed development is consistent with the General Plan.

Finding: The proposed car wash is consistent with the General Plan, specifically, the proposed use is consistent with Goal 1.0; Policy 1.2 of the Land Use Element of the General Plan by encouraging community-oriented retail development. The project is responding to the local need for an inexpensive car wash with a high degree of self-service (self-serve vacuum stalls) which is not provided elsewhere nearby. This project will redevelop an underutilized commercially-zoned site with a viable commercial retail service.
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28 3. The proposed development would be harmonious and compatible with existing and planned future developments within the zoning district and general area, as well as with the land uses presently on the subject property.

Finding: The proposed development adequately meets all City standards and design guidelines. Staff can make all Design Review findings for the project as it has undergone Design Review with staff and as conditioned, is harmonious and compatible with existing and planned future developments within the zoning district and general area.

4. The approval of the Development Permit for the proposed project is in compliance with the requirements of the California Environmental Quality Act (CEQA) and the City’s Guidelines.

5. The subject site is physically suitable for the type and density/intensity of use being proposed.

6. There are adequate provisions for public access, water, sanitation and public utilities and services to ensure that the proposed development would not be detrimental to public health, safety and general welfare.

Finding: Vehicular and pedestrian access to the site would be provided from Florence Avenue. The proposed car wash has an unusually large demand for water supply and sanitation service compared to most other commercial services; however, the Initial Study prepared for the project concluded that adequate 6 1
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28 infrastructure exists to serve the proposed water and wastewater demand. The project will not require changes to existing public utilities. Given that the surrounding area is already completely developed with public access, water, sanitation, and other public utilities, the proposed project would not affect these infrastructures or require any types of modifications. In addition, the proposed project would not impede the accessibility to public access, water, sanitation, or other public utilities and services.

7. The design, location, size and operating characteristics of the proposed development would not be detrimental to the public health, safety, or welfare of the City.

The proposed project will be harmonious and compatible with the existing commercial uses presently located within the vicinity and zoning district.

Additionally, the site has adequate vehicle circulation and access.

SECTION 4: The City Council hereby approves Case No. 2020-04 subject to the following conditions:

1. The property owner, applicant, and each successor in interest shall indemnify, protect, hold harmless and defend the City and any agency or instrumentality thereof, its officers, employees and agents from all claims, actions, or proceedings against the City to attack, set aside, void, annul, or seek damages arising out of an approval of the City, or any agency or commission thereof, concerning this project. City shall promptly notify both the property owner and Applicant of any claim, action, or proceeding to which this condition is applicable. The City shall cooperate in the defense of the action, while reserving its right to act as it deems to be in the best interest of the City and the public. The property 7 1
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28 owner and Applicant shall defend, indemnify and hold harmless the City for all costs and fees incurred in additional investigation or study, or for supplementing or revising any document, including, without limitation, environmental documents. If the City’s legal counsel is required to enforce any condition of approval, the Applicant shall pay for all costs of enforcement, including legal fees.

2. Except as set forth in conditions herein, all-inclusive, and subject to department corrections and conditions, the property shall be developed and operated substantially in conformance with the description contained in the staff report, environmental assessment, and attached plans and materials.

3. The proposed development/use shall comply with all applicable City, County, State and Federal codes, laws, rules, and regulations, including but not limited to Health, Building and Safety, Fire, Zoning, and Business License, including environmental mitigation measures, and including the applicable requirements described in the attached Building & Safety Division Conditions of Approval and Public Works Department Conditions of Approval.

4. The second sheet of building plans shall include a copy of the Planning entitlement decision with conditions of approval, attachments to the decision with applicable requirements, and mitigation monitoring and reporting program as applicable. This information shall be incorporated into the plans prior to the first submittal for plan check.

5. The use shall be conducted, and the property be maintained, in a clean, neat, quiet, and orderly manner at all times and comply with the property maintenance standards as set forth in Section 9-3.103.18 and Title 8, Chapter 9 of the Huntington Park Municipal Code.

Required maintenance includes, but is not limited to, the following:
a. Replace/repair canopies to ensure good condition and color b. Provide routine trash/litter removal
c. Keep landscape areas free and clear of overgrown vegetation and weeds d. Empty trash cans routinely to prevent overflow problems e. Keep trash enclosure free and clear of any trash/litter

6. The use shall be conducted, and the property be maintained, in a manner that promotes public safety and reduces vagrancy. Required actions include the following:
a. Maintain sufficient lighting on the property, including behind the building b. Secure trash enclosure
c. Maintain No Trespassing and No Loitering signage around property d. File a No Trespassing Form with the Police Department and maintain a current No Trespassing Form with the Police Department

7. Prior to issuance of a Certificate of Occupancy, the applicant shall:
a. Install No Trespassing and No Loitering signage around property b. File a No Trespassing Form with the Police Department

8. Prior to the issuance of a Certificate of Occupancy, clear untinted acid-etch graffiti film shall be installed to all glass that is adjacent to the parking lot. 8 1
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28 9. The business shall be operated consistent with the Business Operational Plan dated May 2, 2022, except as modified by conditions of approval herein.

10.Vehicle repair and maintenance, including, but not limited to engine repair, body repair, tire and suspension repair, shall be prohibited, with the exception of minor repair to make the vehicle operable.

11.The business shall be operated in compliance with the City of Huntington Park Noise Ordinance.

12.Any existing and/or future graffiti, as defined by Huntington Park Municipal Code Section 5-27.02(d), shall be diligently removed within a reasonable time period.

13.No payphones shall be allowed on the site.

14.Vending machines shall be limited to the approved location within the building.

15.All proposed signage shall be reviewed and approved by the Planning Division under a separate permit. All proposed signage shall comply with the requirements of the Huntington Park Municipal Code and/or Master Sign Program of the subject site.

16.Prior to the issuance of permits for signage, the freestanding pole sign shall be revised to specify opaque face backgrounds with illumination confined to the letters and symbols.

17.All proposed mechanical equipment and appurtenances, including satellite dishes, gutters etc., whether located on the rooftop, ground level or anywhere on the property shall be completely shielded/enclosed so as not to be visible from any public street and/or adjacent properties. Such shielding/enclosure of facilities shall be of compatible design related to the building structure for which such facilities are intended to serve and shall be installed prior to final inspection.

18.This entitlement shall be subject to review for compliance with conditions of the issuance at such intervals as the Planning Commission shall deem appropriate.

19.The violation of any of the conditions of this entitlement may result in a citation(s) and/or the revocation of the entitlement.

20.This entitlement may be subject to additional conditions after its original issuance. Such conditions shall be imposed by the Planning Commission as deemed appropriate to address problems of land use compatibility, operations, aesthetics, security, noise, safety, crime control, or to promote the general welfare of the City.

21.Per applicable provisions in the HPMC, this entitlement shall expire in the event it is not exercised within one (1) year from the date of approval, unless an extension has been granted by the Planning Commission.

22.Per HPMC 9-2.1113, upon a change of ownership of the site, business, service, use or structure subject to the permit, the new owner/operator shall file for and receive approval 9 1
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28 of a Certificate of Compliance and agree, in application writing, to all applicable conditions and operating standards prior to reuse/reopening under the new ownership.

23.The Director of Community Development is authorized to approve minor modifications to the approved preliminary plans or any of the conditions if such modifications shall achieve substantially the same results, as would strict compliance with said plans and conditions.

24.The applicant shall provide publicly visible art or pay art fees in accordance with the HPMC Title 9, Chapter 3, Article 17, prior to the issuance of the Certificate of Occupancy. Art fee shall be paid to the City prior to issuance of the building permit.

25.All requirements as deemed necessary by utility companies shall be complied with.

26.All requirements as deemed necessary by the Los Angeles County Fire Department shall be complied with.

27.Prior to the issuance of a building permit, the site shall be merged to a single property through a lot line adjustment, lot merger, parcel map, or “hold-as-one” covenant, form to be approved by the City prior to execution and recording.

28.Prior to the issuance of permits, plans shall be revised to reflect the following:
a. Include canopy above vending machine opening to call attention to and shelter the opening
b. Windows: consistency with specifications of all grids to include exterior muntins, untinted glass, no frosting at ground level windows
c. Additional details of the building and paystation canopies to ensure internal consistency of the design

29.Prior to the issuance of a building permit, product descriptions/shop drawings of proposed windows shall be submitted for staff review and approval.

30.The City Council makes the following recommendations for optional changes:
a. Include motion sensors on exterior lighting for the option to turn down or off when motion is not present.
b. Eliminate the designation/marking of employee parking to allow the owner operational flexibility.

31.Final landscape and irrigation plans shall be wet signed and stamped by a landscape architect registered to practice in the State of California and submitted for Planning review and approval prior to the installation of landscaping. The landscape architect shall certify the following statement on the plans with their signature: “I certify that these landscape and irrigation plans are consistent with all provisions of the Huntington Park Municipal Code regarding type and quantity of plant materials and irrigation systems, including those provisions contained in Articles 4 and 8 of Chapter 3 of the Zoning Code and includes a complete landscape documentation package per HPMC 9-3.407 for projects with 2,500 square feet or more of new or replacement landscaped area.” 10 1
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28 32.Hours of operation shall be no earlier than 7:00 a.m. and no later than 9:00 p.m., 7 days per week. The car wash shall not accept new vehicles in the car wash queue after 8:00 p.m.

33.Any order speakers shall be certified by an acoustical engineer to not exceed 60 decibels at the residential property line, per HPMC requirements.

34.The paystation kiosk design shall be submitted for staff review and approval (for potential menu board signage and noise level) prior to the issuance of permits and installation.

35.The car wash shall maintain the noise insulation horseshoe or equivalent sound attenuation device to reduce the drying system noise from the car wash exit.

36.The applicant and property owner shall agree in writing to these conditions of approval.

SECTION 5: The Mayor shall certify to the adoption of this resolution and a copy thereof shall be filed with the City Clerk.

PASSED, APPROVED, AND ADOPTED this 2nd day of August, 2022, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

HUNTINGTON PARK CITY COUNCIL
Graciela Ortiz, Mayor
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28 ATTEST:

Eduardo Sarmiento, City Clerk
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28 RESOLUTION NO. 2022-26

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

HUNTINGTON PARK, STATE OF CALIFORNIA, APPROVING A

CONDITIONAL USE PERMIT AND DEVELOPMENT PERMIT IN
CONNECTION WITH REAL PROPERTY AT 3100 FLORENCE
AVENUE, HUNTINGTON PARK, CALIFORNIA.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HUNTINGTON PARK DOES FIND, DETERMINE, RECOMMEND AND RESOLVES AS FOLLOWS:

SECTION 1. Based on the evidence in the Initial Study prepared for the project, the 2 1
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28 City Council finds that the project, as proposed, will have a less-than-significant impact on the environment with the incorporation of mitigation measures and adopts a Mitigated Negative Declaration.

SECTION 2. The City Council hereby makes all of the following required findings for a Conditional Use Permit in connection with Case No. 2020-04: