1 City Council Public Hearing – February 21, 2023
Appeal of Planning Commission Denial of a CUP for a Car Wash 1911 E. Pacific Coast Highway
Background
2 • November 3, 2022 – Planning Commission hearing. The Planning Commission acted to:
1) Recommend Approval of a Zone Change (4-0) and
2) Deny the Conditional Use Permit (CUP) (1-1).
• November 8, 2022 – Applicant filed Appeal
• City Council hearing required to consider 1) Zone Change recommendation and 2) to hear the appeal of the Commission’s CUP denial
Project Site and Requested Approvals
3 Project Site
• Area: 0.55 acres
• Existing Zoning: Regional Highway Commercial
(CHW)/Low-Density Multi-Family Residential,
small lot (R-3-S)
• General Plan PlaceType: Neighborhood-Serving
Center or Corridor – Moderate (NSC –M)
• Existing: Mexican restaurant
Conditional Use Permit (CUP)
• CUP: Car wash
• 3,278 square-foot (SF) car wash tunnel
• 482 SF Restroom, trash, vacuum storage, and
monitoring room
• Hours: 7:30 am - 8:00 pm daily
Project Vicinity
4 DeAmo Bl
Requested Approval: Zone Change
5 Zone Change (ZCHG)
• ZCHG: CHW/R-3-S Community R-4-N Commercial
Project Plans
New driveway
One drive
through lane
208 feet in
length
6 18 stalls for
vacuuming
Payment
Kiosk
Building Elevations
7 Conditional Use Permit (CUP) Overview
8 What is the purpose?
• Individual review of certain uses that would be appropriate in some but not all locations within a zone if certain findings cannot be made to ensure appropriateness Findings Required for a CUP:
1. Consistency with General Plan and Zoning District
2. Use must not be detrimental to surrounding community including:
•
•
•
•
Public Health
Safety
General welfare
Environmental quality
• Quality of Life
3. Comply with Special Zoning Conditions
4. Comply with Green Building Standards
Impacted Communities Map
Land Use (LU) Policy 16-1 to “identify areas and populations of the City that are exposed to unsafe levels of environmental pollutants,” which are identified through Impacted Communities Map LU-6 in the Land use Element 9 General Plan
General Plan LU Policy - 14-3 “[a]void concentrating undesirable uses, service facilities and infrastructure projects in any manner that results in an inequitable environmental burden on low-income or minority neighborhoods.”
10 A B
A
B
College Car Wash
Trojan Car Wash
General Plan
• Land Use (LU) Strategy 14: “promote the
equitable distribution of services, amenities
and investments throughout the City”
• LU Strategy 16: “prevent and reduce
disproportionate environmental burdens
affecting low-income and minority
populations”
• LU Policy 16-7: which guides decision makers to
“evaluate new land uses in a manner that is
conscious of the cumulative impacts of pollutants
and history of pollutant burden and public under
investment in disadvantaged communities.”
11 Existing Site Conditions
12 Existing Conditions:
• Extreme Blight
• Issue relating to the unhoused
population
• Crime
Calls For Service:
• 7 calls from Jan to Nov 2022:
o (3) Battery (between individuals)
o (2) Dispute
o (1) Burglary
o (1) Unwelcome (trespassing)
Code Enforcement Cases:
• (4) Graffiti, Weeds, and Debris
• (5) Fire “Assembly” (exceeded allowed
capacity
• (1) Covid-19 violation
• (1) Portable signage
Planning Commission Public Comments
13 • Planning Commission meeting, the City received over 20 public comments on the project, including comments on the following topics:
o Over Concentration of car washes
o Traffic
o The need for affordable housing
Planning Commission's Recommendation
Planning Commission could not affirmatively make all required CUP findings due to the following:
1. Project is inconsistent with key General Plan policies including protecting sensitive receptors and environmentally impacted communities.
2. Project results in continued underutilization of parcelon a major high quality transit corridor.
3. Area was found to be disproportionately impacted by pollution.
4. Area has a sufficient number of automobile-oriented uses along Pacific Coast Highway
14 Planning Commission's Recommendation
These are policy issues and not California Environmental Quality Act (CEQA) concerns, as two of the required findings to be made for a CUP require:
1. That the proposed use be consistent with and carry out the policies of the General Plan.
2. That the proposed use would not be a detriment to the surrounding community including public health, safety, general welfare, environmental quality or quality of life.
15 CEQA
16 • An Initial Study/Mitigated Negative Declaration (IS/MND 06-22) has been prepared for the project.
• The IS/MND finds that, by implementing identified mitigation measures for Air Quality, Cultural Resources, Energy, Greenhouse Gas Emissions, Noise, Transportation, and Tribal Cultural Resources, the project will not result in significant effects to the environment.
• The IS/MND was circulated for a 30-day public review period between June 1 and June 31, 2022.
Appeal
17 • The Applicant appeal was filed within the 10-day appeal period. • The appeal seeks approval for the request for a CUP for the car wash for the following reasons:
o Planning Commission erred in its interpretation and application of General Plan Policies
o No over concentration - existing car washes in the area are not comparable in quality/technology
o Planning Commission erred in determining residential use was a potential
Response and Summary
18 • Proposed car wash design would intensify the property by locating the car wash queue lane within five feet of a residential property line in conflict with the stated goals of the General Plan and Zoning Code to buffer sensitive uses.
• Proposed car wash in this location would not be consistent with the environmental health vision nor the environmental justice policies established in the LUE of the General Plan
• Consideration of short-term vs long-term impacts of bringing in a new use versus continued under-utilization
Recommendation
19 Receive supporting documentation into the record, conclude the public hearing, and consider the applicant’s appeal by SM Car Wash (APL22-005);
Adopt a Resolution adopting and certifying a Mitigated Negative Declaration (IS/MND 06-22) and making findings of fact;
Declare an Ordinance amending the Land Use District Map (Zoning Map) by amending portions of Part 10 of said map to approve and implement a Zone Change (ZCHG20-009) from Regional Highway Commercial (CHW) and Low-density Multi-Family Residential, small lot (R-3-S) to Community R-4-N Commercial (CCN), read the first time and laid over to the next regular meeting of the City Council for final reading; and,
Deny the appeal of the Planning Commission’s decision and deny a Conditional Use Permit (CUP20-003) for a new 3,278-square-foot detached automated car wash along with two ancillary buildings, located at 1911 East Pacific Coast Highway in the CCN Zoning Districts. (District 6) Thank you
20 Alison Spindler-Ruiz, AICP
Planning Bureau Manager
Development Services Department
[email protected]
Response to Appeal
21 • Based on the required findings in the record of proceedings, staff cannot make affirmative findings for the requested Conditional Use Permit for the following reasons:
• Proposed car wash design would intensify the property by locating the car wash queue lane within five feet of a
residential property line in conflict with the stated goals of the General Plan and Zoning Code to buffer sensitive uses. • Proposed car wash in this location would not be consistent with the environmental health vision nor the environmental justice policies established in the LUE of the General Plan Noticing
22 • 142 notices were mailed out on January 10, 2023 in accordance with Section 21.21 of the City’s Municipal Code.
• A notice of public hearing was published in the Long Beach Press- Telegram on January 10, 2023.
• All contacts on the IS/MND distribution list and all commenters on the IS/MND were provided a notice of public hearing. • All individuals that commented during the Planning Commission process were provided a public hearing notice.
• Notices were posted onsite.
• No additional public comments have been received in response to the required noticing.
Building Elevations
SOUTHWEST ELEVA TION
23