RES-8192 Granting Conditional Use Permit No. 2004-93RESOLUTION NO, 8192
A RESOLUTION OP THE CITY COUNCIL OP THE
CITY OP ORAlfGB OVERRULING THE RECOJOlDlDA-
TION OP THE PLUDTING COIIIIISSION OP THE
CITY OP ORAlfGB MID GDllTING A COIIDITIOIIAL
USB PBRMIT TO ALLOW D AUTOMOTIVE RETAIL
ACCBSSORY SBRVICB PACILITY IN THE C-1
SORB UPON PROPBRTY SITUATED AT 4935 BAST
CDPIID
AVENUB,COIIDITIOIIAL USB PBRMIT
2004-93 APPLICANT:
DOUG
JIAJIISTA 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-20-93, that Conditional
Use Permit 2004-93 be denied to allow an
automotive retail accessory service facility in the C-1 zone upon
property situated at 4935 East Chapman Avenue, the City
council considered Conditional Use Permit 2004-93 and determined
that the recommendation of the Planning commission should be
overruled and Conditional Use Permit 2004-93 be granted,
Subject
property is more particularly described as follows:The subject
parcel is a portion of Lot 19,Block B
of the Org 7 Bond Tract falling within a portion N,
1/2, HE, 1/4, Sec 34,T4S, R9W
as recorded in the office of the
County Recorder of
the County of Orange,State of California.During the public
hearing, the
city Council found the
facts as follows:SITE LOCATION AND DESCRIPTION:1, The project site is
a rectangular shaped 23,670 square foot parcel located on
the north side of Chapman Avenue between
Rancho santiago Boulevard and Crawford
canyon Road,addressed 4935 E. Chapman Avenue.2, The applicant
is requesting approval of a conditional use
permit application to allow an automotive retail accessory/
service facility in the C-1 (Limited Business)zone, Orange
Municipal Code section 17,42,040 permits the consideration
of any other commercial use which in the opinion
of the Planning Commission is similar in character and not
more detrimental than any use enumerated in this section Subject
to the issuance of a conditional use permit,Note: Although
version of the orange Municipal Code, it was recently
discovered that this clause was inadvertently deleted in
error, It is, however, still in effect, as confirmed by the
City Attorney,)
3. The project site is currently developed with a single family
residence and detached garage, This residence is considered
non conforming in terms of C-l zone development
standards and General Plan Land Use goals for the site, The
General Plan designates the site General
Commercial,4, The site has 84 feet of frontage on Chapman Avenue which
is designated as an augmented primary arterial roadway on
the City'S Master Plan of Streets and Highways, Chapman
Avenue is currently improved to its ultimate planned right of
way width (100') adjacent to the project
site,5, Surrounding adjacent land use includes commercial use to
the west, and a preschool to the east both zoned C-1,
North are single family residences under County
jurisdiction, south across Chapman Avenue are tennis courts associated
with a multiple family development, zoned
R-2-6 (residential Duplex, minimum lot size
6,000 square feet),6. The applicant is proposing to
demolish the existing single family residence and garage
and construct an automotive retail accessory and service
facility, Plans indicate that the proposed building will contain
seven service bays which will be used for light auto repair such
as oil changes, tune ups, air conditioning service
and tire and brake installation, Of the
building floor area, approximately 1,870 square feet will be devoted to
retail floor use and 4,330 square feet to the service
area, These area figures correspond to dimensions as scaled, rather
than
as stated on plans,7, The proposed building location is
primarily on the front half of the site adjacent to the
east property line, Plans indicate that the building will be setback
10 feet from the front property line, 91 feet from the
rear property line and 46 feet from the west side property line.
A 22 foot maximum
building height is proposed.8, Thirty one off street parking spaces
will be provided along the west property line and at the rear
of the site, Plans indicate that a reciprocal
parking agreement is proposed with the adjacent commercial parcel
to the west, The applicant states that the agreement
will pertain to access,however, and not parking, and
that a preliminary agreement has been reached with the
adjacent property owner, Plans indicate that a six foot high wrought
iron gate will be
installed at this location,9, The required trash enclosure will be located
at the end of the initial row of parking across
from the service bays,
A new six foot high block wall will be constructed on the
east and north property lines bordering the parking lot, An
existing six foot high block wall is located on the west
property line adjacent to the proposed parking area, A
three to five foot wide landscape area will be provided
along the entire length of the parking area, as well as in
the front yard setback.
10, The proposed hours of operation are 7:00 a,m, to 7:00 p,m,
seven days per week.
11. Part of this consideration is the general concept of whether
automotive repair uses are acceptable in the C-1 zone,
and if so, to what extent, The Orange Municipal Code
permits certain automotive uses in the C-1 zone, subject
to issuance of a conditional use permit, These include
car washes,automobile dealer's sales and service facilities,
and auto service stations, Traditionally, general
automobile repair shops have been permitted only in the C-
2
and industrial zones,In 1989, the city council adopted a
policy statement to allow certain limited automotive uses in the
C-1 zone, It allows specific uses,
including oil change, stereo installation, window tinting
and state smog inspections where no associated repair is done) to
occur
in the C-1 zone,In 1992, the Planning
Commission permitted a hearing by conditional use permit for a
general auto retail and repair facility in the C-
1 zone, stating that the proposed automotive uses were
similar in character to other uses permitted by conditional use
permit in the C-1 zone, with approval of
that request, and the consideration of the current application,
the distinction between the C-
1 and C-2 zones has been considerably diminished,12,
with this application, the primary issue before the
Planning Commission is whether the proposed facility is compatible
with existing and planned land use in the immediate vicinity, The
project site is located in a mixed use area bordered by
commercial use to the west, a preschool to the
east, and single family residences to the north, Adjacent land
uses are consistent with General Plan land use goals for the
area, appear to be stable, and seem
likely to continue without significant change into
the foreseeable future, Typical of automotive service facilities, the
greatest potential impact to adjacent property is from noise
associated with repair work and air emissions and odors,The residential
uses to the north and preschool to the
east are especially sensitive to these types of impacts,13.
The City of Orange noise ordinance establishes a general noise limit of 55
dB(A) or the ambient noise level if higher than 55
dB(A), on residential
7:00 a.m. to 10:00 p.m., Higher noise levels are permitted
for limited time periods, however, noise can not exceed 20
dB(A) over the standard at any time, The City's General
Plan noise contour map indicates that the rear yards of the
adjacent residential property may currently be exposed to an
ambient noise level of 60 dB(A) due to traffic noise from
Chapman Avenue,
14, Auto repair work will be conducted indoors in the service
bay area of the building, Garage door openings face west
toward existing commercial development, A solid building
wall will face the residential property north of the site
and the school to the east, which staff anticipates should
provide adequate mitigation of noise associated with repair
work, In addition, the nearest service bay is located 91
feet from the boundary with nearby residential property
which should further reduce the noise exposure to a level
consistent with Code requirements, An acoustical analysis
study recently prepared for another auto service facility,
Negative Declaration 1400-91) indicated that air tools
used within service bays located 50 feet and at a right
angle from the nearest residential property line, would not
exceed City noise standards, A six foot high block wall will
be provided on the property line adjacent to the parking
area which typically provides adequate mitigation of
noise associated with parking lot use, If the rear of the
lot needs to be raised to achieve the desired drainage
pattern,then the wall will need to be 6 feet high as measured
from the highest adjacent
grade,15, Servicing of vehicles may also generate a local increase
in air emissions and odors downwind from the site,
Typically emissions and odors associated with repair facilities
are not hazardous to nearby residences, however, odors may
be noticeable at certain times, Compliance with AQMD
and Uniform Building Code ventilation standards should
provide adequate mitigation of potential air quality impacts and
no impact to public health is
anticipated,16, It is staff's opinion that weekend operations should
not begin as early as 7:00 a,m, The applicant's
representative has agreed to an 8:00 a,m, opening time on Saturdays
and Sundays, The Commission may wish to consider
further limitations of weekend operating hours, Condition
3 recommends limiting hours to 8:00 a.m, to 7:00 p,m,
on Saturdays and 10:00 a,m, to 7:00 p,m, on
Sundays,17, Traffic generated by the proposed facility will be
higher than the traffic generated by the current single
family residence, however, it is not anticipated to be
signifi-cantly different than traffic generated by a similar
sized retail structure permitted under the existing C-
1 zoning,The primary driveway on Chapman Avenue has a
throat depth 30') and width (30' at the intersection with
public right of way, a minimum of 25' throughout the site)
that comply Reso No.
with Code requirements, The secondary access, to be
provided between the project site and adjacent comaercial
parcel, should also have a beneficial impact to on and off
site circulation. Condition #4 requires the proposed
security gate remain open during business hours to
facilitate movement on and off the site, Finally, payment
of the required TSIP fee which is used to fund area street
improvements, should provide adequate mitigation of
potential traffic related impacts associated with this
project
18, Orange Municipal Code section 17,76,040 requires that off
street parking be provided at the following ratio: three
spaces per each service bay and five spaces per each 1,000
square feet of gross retail floor area, or 30 off street
parking spaces for the proposed facility, Plans indicate
that 31 off street parking spaces will be provided on site
exceeding Code requirements by one parking space,
19, Driveways or parking aisles serving more than 10 parking
spaces shall not terminate in a dead end without the
provision of a turnaround or back up area (OMC 17,76
070), The parking spaces located on the east side of the
parking lot (spaces 23-31) are shown on the plan as
over sized, exceeding parking space depth requirements by
seven feet, The applicant is proposing to utilize the
reSUlting 40 foot wide drive-aisle to facilitate
vehicular turnaround,20. The Design Review Board reviewed this project
at their February 24, 1993 meeting and recommended
approval subject to a number of minor site and landscape plan
changes which are shown on the current submittal before
the Planning commission, These changes are outlined in
the attached minutes of the February 24, 1993 Design
Review
Board meeting.21, The Environmental Review Board examined this
project at their January 27, and February 10, 1993
meetings and expressed no concern with the
current submittal,22, As a courtesy to the East Chapman
Improvement Committee,staff informed the committee president of this
project, As of this writing they have not expressed any
concerns, Since the project site is east of Ranch Santiago Boulevard
and not subject to the design requirements (Spanish
style, tile roofs, archways, etc.) stated in the
plan document,23. Orange Municipal Code section 17.92,020 lists
the following criteria for the review of conditional
use
permit applications A, A conditional use permit should be granted
upon sound principles of land use and in response
to services required by
the community,5-Reso
B, A conditional use permit should not be granted if it
will cause deterioration of bordering land uses or
create special problems for the area in which it is
located,
C, A conditional use permit must be considered in
relationship to its effect on the community or
neighborhood plan for the area in which it is to be
located.
D, A conditional use permit, if granted, should be made
subject to those conditions necessary to preserve the
general welfare, not the individual welfare of any
particular applicant.
NOW, TBBREPORE, BB J:T RESOLVED by the city council of the
City of Orange that Conditional Use Permit 2004-93 be granted
for the following
reasons:1, The project is properly mitigated so as not to create
a problem in the
neighborhood,2, Directly adjacent neighbors indicated that they are not
in opposition to the
project.3, Other more intrusive uses would not require a
conditional use permit and could locate on the site
now,BB J:T PURTBBR RESOLVED that Conditional Use Permit
2004-93 be granted subject to the
following conditions:1. That a sound test by a licensed accoustical
engineer, paid for by the applicant, shall be performed on the first
day of operation and after 6 months of operation to
verify compliance with City
noise standards,2. Mirrors shall be installed on the northwest
corner of Service Day One and parking space 31 to
provide adequate visibility to avoid vehicular conflicts to the
satisfaction of the Community
Development Department,3, That there will be no stereo, auto alarm, or
telephone sales or installation on
the premises,4, within 2 days of the final approval of this
project, the applicant/developer shall deliver to the Planning
Division a cashiers 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 administrative fee,
to enable the City to file the Notice of Determination
required under Public Resources Code section 21152 14 Cal, Code
of Regulations 15075, If the Planning Commission determined 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 Reso No.
herein shall be void,
5. Development shall be in substantial conformance with plans
approved by the Planning Commission and as modified by conditions
herein,
6, Hours of operation shall not extend past 7:00 a,m, to 7:00
p.m, weekdays, 8:00 a,m, to 7:00 p,m, on Saturdays and 10:00 a,m,
to 5:00 p,m, on Sundays,
7, Upon acquisition of reciprocal access rights with the
abutting property to the east, if a security gate is provided it
shall remain open during the business hours of the subject
property, If the applicant is unable to obtain a reciprocal
access agreement as shown on plans, the parking lot layout shall
be redesigned to provide a turnaround area at the rear of the
property, as approved by the Community Development Director
reference "Commercial Parking Diagram, Chapter 17,76 zoning
ordinance) ,
8. All structures shall comply with the requirements of
Municipal Code - Chapter 15,52 (Building Security Standards, Ord,6-
69), which relates to hardware, doors, windows, lighting, etc,
Approved structural drawings shall include sections of the
security code that apply, Specifications, details, or security
notes may be used to convey the compliance, This will be
reviewed in a plan check by the Crime Prevention Bureau prior to
approval,
9, Prior to issuance of building permits, final landscaping and
irrigation plan shall be submitted to the DRB for review and
approval,
10, Prior to issuance of building permits, final landscaping and
irrigation plan shall be submitted to the DRB for review and
approval, ,
11, All parts and materials, including tires, shall be stored
indoors,
12, Prior to issuance of a grading permit, developer shall
obtain a National Pollutant Discharge Elimination System (NPDES)
permit from the California Regional Water Quality Control Board,
Santa Ana Region. This may include submitting developer's "Best
Management Practices" for pollution control based upon NPDES
requirements Development shall provide a copy of the permit and
Best Management Practices to the City for inclusion in the file,
The following Code provisions are applicable to this project and
are listed here for the applicant's information, This is not a
comprehensive list of requirements, and other Code provisions may
also apply.
Provide street trees as required by Community Services
Department,
7-Reso No, 8192
Applicant shall submit grading plans for review and approval
by the Public Works Department,
Developer shall pay all applicable development fees based on
rate in effect at time of building permit issuance, including
but not limited to transportation system improvement program,
fire facilities and school development fees,
Provide Crime Prevention Bureau with lighting photometrics
for required parking/access areas. This shows compliance
with the minimum maintained (1) foot-candle, Point to
point,or contour analysis is accepted along with the data
sheets,showing the luminaries, model/wattage/height, Lighting
shall not interfere with adjoining residential
properties.Provide crime Prevention Bureau with lighting
photometrics for required walkway areas. This slows compliance with
the minimum maintained ,25 foot-candle, Point to
point, on contour analysis is accepted along with the
data sheets,showing the luminaries, model/
wattage/height.An illuminated address of 6 inches in height
is required until plans are reviewed, Shall be contrasting in
color in the background and visible to approaching
vehicles (location to be determined during the plan
check process),A second building/unit address of 6 inches in
height is required, Shall be illuminated/
non-illuminated, contrasting in color to the background and
visible to approaching
vehicles back doors.Monument address signs of 8 inches in
height is required,Shall be illuminated or contrasting in color
in a location not obstructed by landscaping or cars and
approved by the Crime Prevention Bureau and
Design Review Board,All landscape shall be maintained not
to interfere with
required illumination/addressing,An approved fire sprinkler system
must be installed throughout the building per O.M,C, 15,
32,080 section 10,306(a). The system shall be designed per N,
F,P,A,13,N,F,P,A., U,B,C, chapter 38 and U,B,C.
standard 38-1, The sprinkler system
required 24 hour supervision,The fire department connection shall not
be affixed to the building, The fire department connection
must be located at least 40 feet away from the building, within
40 feet of a fire hydrant and on the address side
of the building, unless otherwise determined by the
Fire Department, The hydrant shall be located on the same side of the
street as the fire department connection, (A hydrant may
be required to meet these requirements this will be
determined when the existing hydrants are shown on
a scale site plan),
Provide on-site fire hydrant(s) and main capable of
supplying the required fire flow, The hydrant model and
on-site location shall be approved by the Fire Department and
have a three (3) foot minimum clearance around the
circumference of the fire hydrant, The on-site hydrants
shall not be controlled by the control valve (P,I,V,)
for the sprinkler system so that water flow to the hydrants
is not impaired should the sprinkler system be shut down
for any reason.U,F,C, 10,206 and 10,301) Plans must be
submitted to
the Building Department.Prior to issuance of a fire service (
detector check) the required water supplies for hydrants
and fire sprinkler systems shall be determined and the water
supplies shall be approved by
the Fire Department.Every building shall be accessible
to Fire Department apparatus by an access roadway of not less than
20 feet of unobstructed width having a minimum of 13 feet
6 inches of vertical clearance. The access roadway shall
be extended to within 150 feet of all portions of the exterior
walls of the first story of any building. U,F,C, Sec, 10,
207 (Provide on site
Fire Department access)The Fire Department access roadway shall be
an all weather driving surface capable of supporting the
imposed loads of fire apparatus, 40,000 pounds and shall not
exceed the angle of departure for fire apparatus on any slope
U,F,C,
10,201,14,The Fire Department access roadway shall
be provided with adequate turning radius for Fire Department
apparatus, (A 40 foot outside and 20 foot inside radius) U,F,
C, 10,207,The Fire Department approved key box
for Fire Department access shall be installed on the address side
of the building near the main entrance at a height of 7
feet above finished grade, The Knox Box shall contain keys to
gain access to each building, O,M,C, 15,32,100 and U,F,
C, 10,209,The installation of underground
tanks, sumps, containers,etc, used for the storage of hazardous
material is regulated by the Fire Department. A Fire
Department permit application must be completed and plans submitted to
the Fire Department for approval prior to installation, O,M,C,
15,32,135:California Health and Safety Code Section 25280: 1991
U,F,C,Article 79, Contact the Hazardous
Materials Division
at 714)288-2541,Businesses storing, handling, or using
more than 55 gallons,500 pounds or 200 cubic feet of
a hazardous materials during anyone year, must comply with
the disclosure requirements of Ordinance 40-85 O,M,C, 15,
32,136, Contact the Hazardous
Waste Division at (714)
If not utilized, Conditional Use Permit 2004-93 will
expire two years from the approval
date,ADOPTBD this 8th day of June
1993,GENE
BEYER Mayor of the City of
Orange
By <:May!.
Le~ro
tern city of
Orange
ATTBST:I hereby certify that the
foregoing regularly adopted by the City Council
of regular meeting thereof held on the
8th by the following
vote:Resolution was duly
and the City of Orange at
a day of June ,
1993,
AYES:
NOES:
ABSENT:COUNCIL
MEMBERS:COUNCIL
MEMBERS:COUNCIL
MEMBERS:SPURGEON, BARRERA, MAYOR BEYER, COONTZ,
MURPHY
NONE
NONE m~
Q~City Cler fth&/CitY of
Orange Reso No. 8192 10 SSH/