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RES-8581 Granting Conditional Use Permit No. 2127-95RESOLUTION NO. 8581 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE OVERRULING THE RECOMMENDATION OF THE PLANNING COMMISSION OF THE CITY OF ORANGE AND GRANTING A CONDmONAL USE PERMIT TO ALLOW A USED CAR SALES FACILITY UPON PROPERTY SITUATED AT 1925 NORTH TUSTIN STREET. CONDmONAL USE PERMIT 2127- 95 ENTERPRISE RENT- A-CAR RECITALS:After report thereon by the Planning Commission and after due public hearings as required by law, and after receiving a recommendation from the Planning Commission,recommending, by Resolution No. PC 47-95, that Conditional Use Permit 2127-95 be denied to allow a used car sales facility upon property situated at 1925 North Tustin Street, the City Council considered Conditional Use Permit 2127- 95 and determined that the recommendation of the Planning Commission should be overruled and Conditional Use Permit 2127-95 be granted. Subject property is more particularly described in Exhibit "A" attached hereto.During the public hearing, the City Council found the facts as follows:1. The applicant, Enterprise Rent-A-Car Company of Los Angeles, is requesting approval of a conditional use permit to allow the establishment of a used car sales facility. The City Council authorized the execution of a participation agreement between the Orange Redevelopment Agency and Enterprise Rent-A-Car to provide financial assistance for this project. The variance request is to allow the auto sales facility without providing the code required minimum 2,000 sq. ft. indoor showroom, 1,600 sq. ft. service and repair facility, or the 15 ft. minimum front yard setback.2. The cars being sold at this facility have generally been used for approximately 2 years in the company's car rental operation. The cars are normally driven individually onto the site by the sales staff, and the volume of sales is anticipated to be approximately 40 to 50 cars sold per month at this facility. The proposed business hours are from 9:00 a. m. to 9:00 p.m.Monday through Saturday, closed Sunday.3. The proposed project consists of constructing a single story 3,500 sq. ft. sales office building located near the back of the property. The remainder of the site would be paved and used for outdoor car display and parking area with no indoor showroom or service repair facility. The project also proposes to use an existing driveway easement that runs along the north property line as a secondary access. This driveway currently provides access to the 14 unit condominium 4. The project was heard by the Planning Commission on November 6, 1995. The adjoining residences to the east (Orange Glenn Villas) had opposed to the project primarily due to the proposed use of the existing access driveway which currently serves the 14 unit complex. The Planning Commission took action to deny Conditional Use Permit 2127-95 and Variance 2002-95.5. The applicant is appealing the Planning Commission's decision to deny the project because Enterprise Rent-A-Car has spent a great deal of effort in research to locate their car sales facility in Orange, and that they are of the opinion that their sales operation will be successful at this site by providing a needed service to the community. The applicant stated that they have met with the Orange Villas Association to address their concerns. They are confident that the impacts would be minimal and that the aesthetics of site would be enhanced.NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orange that Conditional Use Permit 2127-95 be granted for the following reasons:1. The proposed project is a compatible use for this site and will not cause deterioration of bordering land uses nor create special problems for the area.2.welfare.Approval is granted subject to conditions which will preserve the general BE IT FURTHER RESOLVED that Conditional Use Permit 2127-95 be granted subject to the following conditions:1. Project development shall occur in substantial conformance with plans as approved by the Planning Commission, and as modified by conditions herein.2. Within 2 days ofthe final approval of this project, the applicant/developer shall deliver to the Planning Division a cashier's check payable to the County Clerk in an amount required to fulfill the fee requirements of Fish and Game Code Section 711.4(d)(2) and the County Administration fee, to enable the City to file the Notice of Determination required under Public Resources Code Section 21152 14 CaI. Code of Regulations 15075. If the Planning Commission determines that there is no potential impact to wildlife resources, the fee shall be $25.00. If the applicant/developer has not delivered the required fees within such 2 day period, the approval for the project granted herein shall be void.3. Prior to issuance of building permits, grading plans shall be approved by the Public Works Department. Prior to issuance of grading permits, applicant must also obtain National Pollution Discharge Elimination System Permit. Copy of such permit and Best Management Plan shall be submitted to the Public Works Department.4. Prior to issuance of building permits, final landscaping plans shall be submitted to the Design Review Board for approval to include modifications as follows: A. The width of the planter along the front of the property shall be increased from 4 ft. to 6 ft. (minimum inside clearance between curbs) to provide more substantial landscaping. The planting palette may include a low growing ground cover (such as Star Jasmine) but should also include palm trees. B. Planters with palm trees shall be added at the ends of each row of parking spaces that are located within the interior of the site. Two planters at each end of the customer parking area at the front of the building shall include species with a leafY crown in each planter. The minimum inside clearance between curbs shall be 3 ft. C. A continuous planter shall be provided along the south edge of the property, which should also include palm trees and a minimum of 3 ft. This planter may be interrupted at intervals for pedestrian egress across the property line and drainage swales as needed. 5. properties. All exterior lighting shall be designed to prevent direct glare onto adjoining 6. Barriers shall be provided to prevent vehicle thefts along the north, west and south sides of the business and may be of one of the following: A. Non-removable bollards cemented into the ground at intervals of three feet along perimeter of the lot.B. Low brick wall along perimeter oflot.C. Low planters along with low landscaping around perimeter of lot.Landscaping should not exceed four feet that could reduce visibility.D. See through fencing to allow visibility on perimeter of parking lot.7. Provide gates on two proposed entrances on north and west sides of the lot.Gates should provide a significant deterrent to a vehicle attempting to drive off the lot after business hours.8. A 3 ft. wide (not including vehicle overhang) continuous planter shall be provided along the east property line to protect the adjoining carport wall.9. Lengthy repair of vehicles such as tune-ups shall be prohibited on site. Minor servicing shall only be allowed not to exceed a two (2) hours time period.10. A six (6) foot high, non-climbable, wrought iron fence shall be constructed along the southerly side of the access driveway easement.SSH:ld Reso. 11. No outdoor P.A. (public address) systems shall be allowed on site. 12. No re-fueling of vehicles shall be allowed on site.13. The access driveway easement shall be posted with "No Parking - Fire Lane" signs. 14. There shall be no banners, balloons, flags, or other similar types of advertising allowed on site. 15. The project shall be limited to only one new drive aisle cutting through and connecting to the existing driveway easement. Such drive aisle shall be limited to ingress and egress by the person who is opening and closing the business only. The drive aisle shall remain closed off and not used during normal business hours. ADOPTED this 13th day of February, 1996. .. J ArrEST: yor of the City of Orange I hereby certity that the foregoing Resolution was duly and regularly adopted by the City Council of the City of Orange at a regular meeting thereof held on the 13th day of February, 1996, by the following vote: AYES: COUNCIL MEMBERS: MURPHY, BARRERA, MAYOR COONTZ, SPURGEON, SLATER NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE SSH:ld Reso. No. 8581 4 Exhibit A Legal Description The North 191.43 feet of: All that certain land situated in the State of California, County ofOnmge, situated in the Rancho Santiago de Santa Ana described as follows: Commencing at the Southwest comer of the North one-half of Lot "F' of the Bush and Watson Tract, as shown on a map of Survey made by Knox and Rumble in 1871, and being a portion of the allotment to the heirs of Leandro Senano by final c:Iea= in partition of said Rancho, rendered September 12, 1868; thence North 330. 0 feet; thence East 1320.0 feet; thence South 330.0 feet to the Southeast comer of the North one-half of said Lot "F'; thence West to the placeofbcginning. COnt,,;n;' 1g 10 acres, more or less.Excepting therefrom the West 30 feet as conveyed to the County of Orange by deed recorded May 17, 1920 in book 360, page 72 of Deeds.Also excepting therefrom the East 990 feet.Also excepting 12/100ths pm:en1 of all of the oil, gas and other hydrocarbon substances and minerals now and hereafter in, on and under the herein described land.