milpitas planning commission · based on the applicant’s project description letter, all of the...

AGENDA ITEM: 2

MILPITAS PLANNING COMMISSION AGENDA REPORT

PUBLIC HEARING Meeting Date: August 26, 2009

APPLICATION: CONDITIONAL USE PERMIT NO. UP09-0002, PRONTO WASH APPLICATION SUMMARY: A request to establish an auto wash service within the Great Mall's

parking structure. LOCATION: 1100 S. Main Street (APN 86-24-060) APPLICANT: Long Nguyen, Bearman Sak LLC, 2105 Scott Blvd. Santa Clara, CA

95050 OWNER: Milpitas Mills LP, C/O Cinemark USA Inc., 3900 Dallas Parkway STE

500, Plano, TX 75093 RECOMMENDATION: Staff recommends that the Planning Commission:

1. Close the public hearing; and 2. Adopt Resolution No. 09-040, approving the project subject to

conditions of approval. PROJECT DATA: General Plan/ Zoning Designation: General Commercial (GNC) / General Commercial (C2) Overlay District: Site and Architectural Overlay District (-S) CEQA Determination: Categorically exempt from further environmental review pursuant to

Class 1, Section 15301 (Existing Facilities) and Class 11, Section 15311 (Accessory Structures) of the California Environmental Quality Act.

PLANNER: Cindy Hom, Assistant Planner PJ: 2571 ATTACHMENTS: A. Resolution No. 09-040

B. Project Plans C. Description of Business Operations

CONDITIONAL USE PERMIT NO UP09-0002, PRONTO WASH

LOCATION MAP

Project Site

No scale


BACKGROUND On February 11, 2009, the Planning Commission approved a Conditional Use Permit that allows for the operations of a farmer’s market on Sundays between the hours of 8:00AM to 1:00PM from April to November. The farmer’s market is located in the Great Mall parking field adjacent to Mustang Drive. On February 19, 2009 Long Nguyen with Bearman Sak LLC, submitted an application to locate an eco auto wash facility that occupies ten parking spaces within the Great Mall parking structure, utilizes mobile detailing units (MDUs) that are stored within the Great Mall building at the close of business, and installation of signage. The application is submitted pursuant to Milpitas Municipal Code (MMC) XI-10-5.02-1 (10) (Car Washes) and XI-10-57.04 (Conditional Use Permits) which Planning Commission review and approval. PROJECT DESCRIPTION The Great Mall of the Bay Area is a regional shopping mall located on an approximately 103 acre parcel. The site is bounded by South Main Street to the west, Great Mall Parkway and Montague Expressway to the southeast and south, Curtis Avenue to the north, and Union Pacific Railroad to the east. The Great Mall is zoned General Commercial with an “S” Zone overlay (C2-S). Neighboring land uses include high-density residential uses to the north and west, industrial and office park uses to the east and south. A vicinity map of the subject site location is included on the previous page. The project proposal entails an “eco auto wash facility”. It is considered an “eco auto wash facility” because it uses less than a quart of water to wash a car and therefore, does not generate high volume of wastewater that a typical car wash facility would generate. The proposed facility would be located at the southeast parking structure entrance and will occupy ten parking spaces (two drop off spaces, four spaces for servicing, and four spaces for overflow) that are clearly marked with a movable post. The proposed hours of operation are on Fridays and Saturdays between the hours of 9:00AM to 7:00PM. The facility anticipates approximately six to ten employees; however, there will be only six employees at any given time. Customer Experience A customer will pull into one of the two designated drop off parking spaces and selects a car wash service and leaves the vehicle with the Pronto Wash Employee. The vehicle is then moved to a service spot where the auto cleaning and detailing is performed while the customer shops. Once the service is completed, the vehicle is moved into a designated overflow parking space where it is picked up by the customer. Pronto Wash Equipment and Operating Procedures Based on the applicant’s project description letter, all of the materials needed to wash the vehicles are contained in Mobile Detailing Units (MDUs). The MDUs are oval portable units that are three feet wide and three feet long and contain Pronto Wash’s “miracle lotion”, spray wax, degreaser, fender dressing, window cleaner, and microfiber towels. The MDUs use filtered water that is provided by a water filter and dispensing unit located within the storage area. A gallon of the filtered water is mixed with the “miracle lotion” and added to the miracle lotion reservoir that is housed within the MDU unit. As part of the complete service, the exterior and interior vehicles are cleaned. “Miracle lotion” is


sprayed on the vehicle and wipe down with microfiber towels and is followed by the interior cleaning process that includes mats, vacuuming and windows. At the close of business that MDUs are stored with a storage area within the Great Mall. No equipment is stored within the parking structure. Pronto Wash facility also includes portable vacuum cleaners and mobile trash cans. All trash and debris are collected in the trash containers and properly disposed in the Great Mall’s trash compactor. At the close of business, they are put back in storage within the Great Mall. Staff recommends as a condition of approval that prior to any permit issuance, the applicant shall provide a written statement describing the agreement with the Great Mall for the use of the recycling and garbage bins collected by Allied Waste for City review and approval. Written statement shall include:

Evidence of agreement in the form of an official letter or resolution granting the use of its solid waste containers provided by the Great mall.

Description including the amount and location of recycling and garbage receptacles to be provided for public use during operating hours.

Signage The applicant proposes to install a 50 square foot non-illuminated flat panel arcade sign over the entry way of the garage which is consistent with the Great Mall Sign Program in terms of sign type, height, and area. The facility will also include a service and price list board that is approximate in size. This sign will be located on an interior wall and will not count towards Great Mall’s Allowable sign because it is not exterior signage. As a condition of approval, staff recommends the applicant sign submit detailed plans for the informational and directional signs. All signs shall conform to the Great Mall Sign Program and Milpitas Sign Ordinance requirements. Development Standards The project will not affect any existing development standards for setbacks, height, Floor Area Ratio (FAR), and parking. The Pronto Wash facility utilizes space in the existing parking structure and uses small movable equipment that are stored in a Great Mall’s storage area at the end of the day. The proposed auto wash facility will not generate additional parking demand in that it serves the same customers that are shopping the mall.

ADOPTED PLANS AND ORDINANCES CONSISTENCY

General Plan The table below outlines the project’s consistency with applicable General Plan Guiding Principles and Implementing Policies:

Table 1 General Plan Consistency

Policy Consistency Finding 2.a-I-3: Encourage Economic pursuits which

will strengthen and promote development through stability and balance.

Consistent. The eco auto spa would add to the retail services and shopping experience at the Great Mall and provides for a pleasant shopping environment.


Zoning Ordinance The project is consistent with the purpose and intent of the General Commercial District (C2) which is intended to provide for wide of range of retail and services primarily oriented to the automobile customer. The proposed use is permitted in the C2 zone with a conditional use permit and complies with the development standards. In terms of parking, the proposed use would provide an ancillary use to the retail use in that it services the same customers as the mall and there will not require additional parking. The project will not be detrimental or injurious to property, improvements, public health, safety and general welfare. Based on the operating procedures, the auto wash and detailing will not generate high volume of wastewater or the use and storage of strong detergents and chemicals. The facility shall be adequately staffed with six employees that will coordinate the movement of customers and vehicles. The mobile equipment will not pose a hazard considering it is in constant control of the operator and will not create a negative visual impacts considering all mobile equipment are stored within a storage area in the Great Mall building when not in use. Transit Area Specific Plan The project is consistent with the Transit Area Specific Plan Land Use Guiding Principles in that project maintains commercial uses at and around the Great Mall. ENVIRONMENTAL REVIEW The Planning Division conducted an initial environmental assessment of the project in accordance with the California Environmental Quality Act (CEQA) and determined the project to be categorically exempt from further environmental review pursuant to Class 1, Section 15301 (Existing Facilities) and Class 11, Section 15311 (Accessory Structures). The project proposes an “eco auto wash facility” within the Great Mall parking structure and involves a negligible expansion of use and involves and installation of a new on-premise sign. PUBLIC COMMENT/OUTREACH At the time of writing this report, there have been no comments received regarding the project proposal. CONCLUSION As conditioned, the proposed eco auto wash would be consistent with the Milpitas General Plan, Transit Area Specific Plan and Milpitas Zoning Ordinance in terms of land use in that it would provide an ancillary retail service to and will not be detrimental to the area surrounding the Great Mall Shopping mall. RECOMMENDATION STAFF RECOMMENDS THAT the Planning Commission approve UP09-0002, subject to the attached Resolution and Conditions of Approval. Attachments:

A. Resolution No. 09-040 B. Project Plans C. Project Description

RESOLUTION NO. 09-040

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MILPITAS, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. UP09-0002, PRONTO WASH, TO ALLOW FOR AN AUTO WASH FACILITY WITHIN THE GREAT MALL

PARKING STRUCTURE LOCATED AT 1100 SOUTH MAIN STREET

WHEREAS, on February 11, 2009, an application was submitted by Long Nguyen, 2165 Scott Blvd. Santa Clara, CA 95050, to allow for an auto wash facility located within the Great Mall Parking structure located at 1100 S. Main Street (APN 86-24-060). The property is located within the General Commercial Zoning district; and

WHEREAS, the Planning Division completed an environmental assessment for the project in accordance with the California Environmental Quality Act (CEQA), and recommends that the Planning Commission determine this project is categorically exempt from further environmental review pursuant to Class 1, Section 15301 (Existing Facilities) and Class 11, Section 15311 (Accessory Structures) of the California Environmental Quality Act.

WHEREAS, on August 26, 2009, the Planning Commission held a duly noticed public

hearing on the subject application, and considered evidence presented by City staff, the applicant, and other interested parties.

NOW THEREFORE, the Planning Commission of the City of Milpitas hereby finds, determines and resolves as follows:

Section 1: The recitals set forth above are true and correct and incorporated herein by

reference. Section 2: The project is categorically exempt from further environmental review

pursuant to Class 1, Section 15301 (Existing Facilities) and Class 11, Section 15311 (Accessory Structures) of the California Environmental Quality Act. The project is a negligible expansion of use in that proposed “eco auto wash” operation would be ancillary to the existing retail mall and does not result in any negative impacts to parking, water use, or wastewater capacity. The project also entails installation of on-premise signs.

Section 3: The project is consistent with the General Plan in that it encourages economic

pursuits because the “eco auto spa” operation would add to the retail services and shopping experience at the Great Mall.

Section 4: The project is consistent with the Transit Area Specific Plan Land Use

Guiding Principles in that project maintains commercial uses at and around the Great Mall. Section 5: The project conforms to the Milpitas Zoning Ordinance in terms of land use

and development standards. The project is also consistent with the purpose on intent of the General Commercial Zoning District in that provides for wide of range of retail and services primarily oriented to the automobile customer.

Resolution No. 09-040 Page 2

Sections 6: The project will not be detrimental or injurious to property, improvements,

public health, safety and general welfare because the “eco auto wash” operation will not generate a high volume of wastewater; or require the use and storage of strong detergents and chemicals, and shall be adequately staffed to coordinate the movement of customers and vehicles. The project will also not create negative visual impacts, considering all mobile equipment are stored within a storage area in the Great Mall building when not in use.

Section 7: The Planning Commission of the City of Milpitas hereby approves

Conditional Use Permit No. UP09-0002, Pronto Wash, subject to the above Findings, and Conditions of Approval attached hereto as Exhibit 1. PASSED AND ADOPTED at a regular meeting of the Planning Commission of the City of Milpitas on August 26, 2009.

______________________________________ Chair

TO WIT: I HEREBY CERTIFY that the following resolution was duly adopted at a regular meeting of the Planning Commission of the City of Milpitas on August 26, 2009, and carried by the following roll call vote: COMMISSIONER AYES NOES OTHER

Cliff Williams

Sudhir Mandal

Aslam Ali

Lawrence Ciardella

Alexander Galang

Gurdev Sandhu

Noella Tabladillo

Mark Tiernan


EXHIBIT 1

CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. UP09-0002, PRONTO WASH

Planning Division 1. The owner or designee shall develop the approved project in conformance with the approved

plans and color and materials sample boards approved by the Planning Commission on August 26, 2009, in accordance with these Conditions of Approval.

Any deviation from the approved site plan, floor plans, elevations, materials, colors,

landscape plan, or other approved submittal shall require that, prior to the issuance of building permits, the owner or designee shall submit modified plans and any other applicable materials as required by the City for review and obtain the approval of the Planning Director or Designee. If the Planning Director or designee determines that the deviation is significant, the owner or designee shall be required to apply for review and obtain approval of the Planning Commission, in accordance with the Zoning Ordinance.

2. Conditional Use Permit No. UP09-0002 shall become null and void if the project is not commenced within 18 months of this approval (February 26, 2011). Pursuant to Section 64.04(2) of the Zoning Ordinance of the City of Milpitas, since the project requires the issuance of a building permit, the project shall not be deemed to have commenced until the of the issuance of the building permit. Pursuant to Section 64.04(1), the owner or designee shall have the right to request an extension of UP09-0002 if said request is made, filed and approved by the Planning Commission prior to expiration on February 26, 2011 set forth herein.

3. The applicant shall submit detailed plans for signs, including details and elevations for the

informational and directional signs. All signs shall conform to the Great Mall Sign Program and Milpitas Sign Ordinance requirements.

4. Private Job Account - If at the time of application for building permit there is a project job

account balance due to the City for recovery of review fees, the review of permits will not be initiated until the balance is paid in full and there is at least 25% of the initial account balance maintained.

Engineering Division 5. Prior to any permit issuance, the applicant shall provide a written statement describing the

agreement with the Great Mall for the use of the recycling and garbage bins collected by Allied Waste Services. Review and approval of the agreement by the City is required. The Written statement shall include:

a. Evidence of agreement in the form of an official letter or resolution granting use of its

solid waste containers provided by the Great Mall;


b. A description, including the amount and locations, of recycling and garbage receptacles to be provided for public use during operating hours (if needed).

ATTACHMENT B

ATTACHMENT C

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