Legislation Details

File #: 2017-494    Version: 1 Name:
Type: Staff Report Status: Consent Agenda
File created: 12/4/2017 In control: City Council
On agenda: 12/13/2017 Final action:
Title: Second Reading by Title Only of Zone Ordinance Amendment (ZOA) No. 17-002 - Amendment to Section No. 9.96.140 (Carwashes) of the Municipal Code to Eliminate the Separation Requirements for Carwashes
Attachments: 1. ZOA 17-002 Ordinance Amendment, 2. ZOA 17-002 Public Hearing Notice
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City Council

MEETING DATE: 12/13/2017
TITLE:
Title
Second Reading by Title Only of Zone Ordinance Amendment (ZOA) No. 17-002 - Amendment to Section No. 9.96.140 (Carwashes) of the Municipal Code to Eliminate the Separation Requirements for Carwashes
End
FROM:
Charles P. McClendon, City Manager
Eric S. Vail, City Attorney

RECOMMENDATION:
Recommendation
Staff recommends the City Council provide second reading and adopt an ordinance amending Section No. 9.96.140 (Carwashes) of the Municipal Code to eliminate the separation requirements for carwashes.
Body


BACKGROUND:
Findings:
Zone Ordinance Amendment No. 17-002 is consistent with the intent of the Zoning Code and the General Plan. This ordinance amendment eliminates separation requirements for carwashes but keeps in place other development standards applicable to carwashes to determine that the public welfare is protected. This amendment promotes the orderly development of the City by eliminating arbitrary separation requirements and relying on case-by-case determinations as to a carwash's compatibility with surrounding uses.
Background:
Section 9.96.140 (Carwashes) of the Municipal Code contains development standards for carwashes and requires a conditional use permit for any new carwash in the City. This section requires any proposed carwash to be conditioned to address security concerns, noise, health, safety and public welfare. In addition, this Section includes locational restrictions. Specifically, this section requires the following:
"a. The minimum distance between any two carwashes shall be two thousand five hundred feet;
b. The minimum distance between a carwash and a residential zone, religious institution, school, public park, or public gathering place shall be five hundred feet;"

Those separation requirements can only be waived if the Planning Commission or City Council "finds that the proposed use together with the proposed improvements on and off-site are properly designed to mi...

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