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2022 PC 06-22 KDC CONSTRUCTIONCONDITIONAL USE PERMIT NO.3180-22 MINOR SITE PLAN REVIEW NO. 1092-22 RESOLUTION NO. PC 06-22 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ORANGE APPROVING CONDITIONAL USE PERMIT NO. 3180-22 AND MINOR SITE PLAN REVIEW NO. 1092-22 TO ALLOW ADMINISTRATIVE OFFICE AREA IN EXCESS OF 25% OF THE TOTAL GROSS FLOOR AREA IN THE LIGHT MANUFACTURING (M-1) ZONE AND TO LEGITIMIZE EXISTING NON - PERMITTED FENCING/VEHICLE ACCESS GATES LOCATED AT 1927 N. GLASSELL STREET, UNIT A APPLICANT: KDC CONSTRUCTION, KEN CIRKS Moved by Chair Vazquez and seconded by Commissioner Simpson that the following Resolution be adopted: WHEREAS, the Planning Commission has authority per Orange Municipal Code Sections 17.08.020, 17.10.030.C, and Table 17.13.030 to take action on Conditional Use Permit No. 3180-22 and Minor Site Plan Review No. 1092-22 to allow administrative office area in excess of 25% of the total gross floor area and to legitimize existing non -permitted fencing/vehicle access gates, on property zoned Light Manufacturing (M-1), located at 1927 N. Glassell Street; and WHEREAS, the applications for Conditional Use Permit No. 3180-22 and Minor Site Plan Review No. 1092-22 to allow administrative office area in excess of 25% of the total gross floor area and to legitimize existing non -permitted fencing/vehicle access gates will not negatively affect the subject property or surrounding industrial and office uses, or result in transforming the industrial building into a professional office environment; and WHEREAS, the applications for Conditional Use Permit No. 3180-22 and Minor Site Plan Review No. 1092-22 were filed by the applicant in accordance with the provisions of the Orange Municipal Code; and WHEREAS, the applications for Conditional Use Permit No. 3180-22 and Minor Site Plan Review No. 1092-22 were processed in the time and manner prescribed by state and local law; and WHEREAS, the applications for Conditional Use Permit No. 3180-22 and Minor Site Plan Review No. 1092-22 are categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15301 (Class 1 — Planning Commission Resolution No. PC 06-22 Page 2 Existing Facilities) because the project consists of the operation of an existing business within an existing private structure on an industrial property that involves negligible or no expansion of the use beyond what currently exists; and WHEREAS, the Planning Commission conducted a public hearing on June 6, 2022, at which time interested persons had an opportunity to testify either in support of, or opposition to, the proposed Conditional Use Permit No. 3180-22 and Minor Site Plan Review No. 1092-22 applications upon property described as follows: LFEL DE I-II,PTI L N THE LAND REFERRED TO HEREIN BELOW IB SITUATED IN TIME, COUNTY OF ORANG5, STATE OF CALIFORNIA, AND IB DES CR-IBED AS FOLLOWS PARCEL 1, IN THE lid' F' ORANGE, COUNTY OF ORA i = AR , STATE OF CALIFORNIA, AS, PEKMAP FIL-ED Its B4OO 10, PAGE 36 -OF IPARC51. MAPB,, fLN THE OFFICE OF THE C01UNTY !RECORDEIR OF SAID COUNTY. AM, M1.0 NOW, THEREFORE, BE IT RESOLVED that the Planning Commission approves Conditional Use Permit No. 3180-22 and Minor Site Plan Review No. 1092-22 for the property located at 1927 N. Glassell Street, Unit A, based on the following findings: SECTION 1— FINDINGS General Plan Required Findings: 1. The project must be consistent with the goals and policies stated within the City's General Plan. The project is consistent with the goals and policies stated within the City's General Plan Land Use and Economic Development Elements in that the project will support a revenue generating business that will in turn support the City's diverse economic base, and will provide employment opportunities to the surrounding community. The business operates within the provisions of the Light Industrial General Plan land use designation and the administrative office space does not alter the intent and purpose of this designation. The administrative office and warehouse is necessary for expanding operations and a arnwina husiness mode] and will function no differently than other industrial businesses at this location. The primary function of the administrative office use will be to provide technical and administrative support to the construction business operations. Allowing additional office space within Unit A does not interfere with the subject site's ability to continue to function as an industrial property. Planning Commission Resolution No. PC 06-22 Page 3 Conditional Use Permit Required Findings: 1. A Conditional Use Permit shall be granted upon sound principles of land use and in response to services required by the community (OMC 17.10.030.F.1). The Conditional Use Permit is granted upon sound principles of land use and in response to services required by the community. The primary uses permitted within the Industrial zone generally involve manufacturing, processing, and distribution of goods. General and professional offices in support of those uses that exceed the 25% of the total gross floor area are conditionally permitted. The proposed office area and warehouse helps to accommodate business growth and to operate the business more efficiently. The required parking for the office area is provided on the subject site. The proposed office use will not contribute to changing the character of the area from industrial to office. Staff does not anticipate negative impacts on the surrounding industrial uses and community as a result of the project. 2. A Conditional Use Permit shall not be granted if it will cause deterioration of bordering land uses or create special problems for the area in which it is located (OMC 17.10.030.F. 2). The project will not cause deterioration of bordering land uses or create special problems for the area in which it is located, as the proposed administrative office is confined to the footprint of the existing 25,200 sq. ft. industrial building. Unit A requires a total of 52 parking spaces for its administrative office and warehouse use and there are 5 company owned vehicles, and Unit B requires a total of 13 parking spaces, for a total of 65 parking spaces required for Units A and B. There are 75 existing parking spaces on the site, which would leave the site with a surplus of 10 spaces. The subject site can adequately accommodate the additional parking required by the administrative office use of Unit A. 3. 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 located (OMC 17.10.030.F. 3). The location of the business is not within an identified or specific community or neighborhood plan. The project was considered in relationship to its effect on the community, in that the subject property is located within the M-1 zone, which is an area comprised of various other industrial and office uses. The granting of this entitlement would not contribute to changing the character of the surrounding area from industrial to office. The office operations will continue to work in association with the industrial operations that continue to take place on the subject site. The excess administrative office area would require that additional parking spaces be provided; however, the subject site currently has 75 existing parking spaces and is able to accommodate the proj ect. Planning Commission Resolution No. PC 06-22 Page 4 4. A Conditional Use Permit, if granted, shall be made subject to those conditions necessary to preserve the general welfare, not the individual welfare of any particular applicant (OMC 17.10. 030. E 4). Planning Division staff has reviewed the project proposal and the manner in which the business operates. Staff has determined that the site can accommodate the additional parking required for the project. The project includes conditions for the purpose of preserving the general welfare of the City and community. With compliance with all conditions of approval, it is not anticipated that the project will create a negative impact on the existing industrial property or the surrounding community. Minor Site Plan Review Required Findings: 1. The project design is compatible with surrounding development and neighborhoods (OMC 17.10.060. H.1). The surrounding development and neighborhoods consist of industrial uses to the north, south, and west, and the railroad, Orange Olive Road, and Shaffer Park to the east. The existing building and site is compatible with the surrounding development and neighborhoods. The proposed project does not include exterior building or site modifications, except requests to legitimize existing non -permitted fencing/vehicle access gates on the north and south sides of the site. The fencing/gate locations and designs were reviewed and approved by the City's Staff Review Committee with conditions of approval contained in this Resolution pertaining to emergency vehicle access and visibility for security purposes. 2. Minor Site Plan approval shall be granted if the project conforms to City development standards and any applicable special design guidelines or specific plan requirements (OMC 17.10.060. H. 2). Because the project does not propose changes to the lot size, building footprint, setbacks, height, and landscaping, a comparison of the building to existing development standards has not been conducted. Parking, however, was evaluated for Units A and B, including the office area in excess of 25% of the gross floor area of Unit A. Units A and B require a total of 65 parking spaces and the site currently has 75 parking spaces. The existing site provides adequate parking for the proposed use. The project also proposes to legitimize existing non -permitted fencing/vehicle access gates on the north and south sides of the site. The fencing/vehicle access gate locations and designs were approved by the City's Staff Review Committee with conditions of approval contained in this Resolution pertaining to emergency vehicle access and visibility for security purposes. Planning Commission Resolution No. PC 06-22 Page 5 3. Minor Site Plan approval shall be granted if the project provides for safe and adequate vehicular and pedestrian circulation, both on- and off -site (OMC 17.10.060.H.3). The project provides safe and adequate access and circulation for vehicles and pedestrians from N. Glassell Street. No site changes are proposed, except that the project requests to legitimize existing non -permitted fencing/vehicle access gates on the north and south sides of the site that restrict access to required parking. The fencing/vehicle access gate locations and designs were approved by the City's Staff Review Committee with conditions of approval included in this Resolution pertaining to emergency vehicle access and visibility for safety purposes. 4. Minor Site Plan approval shall be granted if City services are available and adequate to serve the project (OMC 17.10.060.H.4). A review of the project with all City Departments concludes that City services will be available and are adequate to serve this site, including water, sewer, police and fire services. 5. Minor Site Plan approval shall be granted if the project has been designed to fully mitigate or substantially minimize adverse environmental effects (OMC 17.10.060.H.5). No environmental effects have been identified for the project. The OMC will adequately manage construction and use regulation needs of the project. SECTION 2 — ENVIRONMENTAL REVIEW The proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines 15301 (Class 1 — Existing Facility) because the project consists of the operation of a business within an existing private structure on an industrial property that involves a negligible or no expansion of the use beyond what currently exists. There is no public review required. SECTION 3 — CONDITIONS OF APPROVAL BE IT FURTHER RESOLVED that the following conditions are imposed with project approval: General: 1. All construction shall conform in substance and be maintained in general conformance with plans labeled as Attachment 5 in the staff report (date stamped received May 9, 2022), including modifications required by the conditions of approval, and as recommended for approval by the Planning Commission. Planning Commission Resolution No. PC 06-22 Page 6 2. Any future expansion in office area or in the nature and operation of the use approved by Conditional Use Permit No. 3180-22 and Minor Site Plan Review No. 1092-22 shall require submittal of new or amended applications. 3. As indicated on the applicant's submittal plans, the 18,697 sq. ft. Unit A tenant space will consist of 14,235 sq. ft. (76%) of office space and 4,462 sq. ft. (24%) of warehouse space. Any modifications to the man door in between Units A and B shall first be approved by the Zoning Administrator. 4. The applicant agrees to indemnify, hold harmless, and defend the City, its officers, agents and employees from any and all liability or claims that may be brought against the City arising out of its approval of this permit, save and except that caused by the City's active negligence. 5. The applicant, business owner, managers, successors, and all future assigns shall comply with all federal, state, and local laws, including all City regulations. Violation of any of those laws in connection with the use will be cause for revocation of this permit. 6. Except as otherwise provided herein, this project is approved as a precise plan. After any application has been approved, if changes are proposed regarding the location or alteration of any use or structure, a changed plan may be submitted to the Community Development Director for approval. If the Community Development Director determines that the proposed change complies with the provisions and the spirit and intent of the approval action, and that the action would have been the same for the changed plan as for the approved site plan and floor plan, the Community Development Director may approve the changed plan without requiring a new public hearing. 7. Construction permits shall be obtained for all construction work, as required by the City. Failure to obtain the required permits will be cause for revocation of this permit. 8. All structures shall comply with the requirements of OMC Chapter 15.52 (Building Security Standards), 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. 9. Prior to the issuance of building permits, the applicant shall pay all applicable development fees including but not limited to: City sewer connection, Orange County Sanitation District Connection Fee, Transportation System Improvement Program, Fire Facility, Police Facility, Park Acquisition, Sanitation District, and School District, as required. 10. The final approved conditions of approval shall be reprinted on the first or second page of the construction documents when submitting to the Building Division for the plan check process. Planning Commission Resolution No. PC 06-22 Page 7 11. Prior to the operation of the business, the applicant shall file for, or if applicable, amend a business license with the Business License Division. Failure to obtain the required business license will be cause for revocation of this approval. 12. Any graffiti shall be removed within 72 hours from the time the City of Orange Notice of Violation is received by the applicant/property owner. 13. If not utilized and the proposed use has not commenced, the project expires twenty-four months from the approval date. Extensions of time may be granted in accordance with OMC Section 17.08.060. 14. Prior to building permit issuance, the applicant shall demonstrate that the re -designed or new trash enclosure utilizes similar materials, colors, and finishes as the existing industrial building, including any roofing. 15. Outdoor storage shall not occupy areas of required parking spaces or block site access or circulation. Outdoor storage shall comply with the parking requirements included in OMC Table 17.34.060.B for outdoor storage, and outdoor use regulations in OMC Section 17.20.070. Building: 16. Construction drawings submitted for plan check shall include an occupancy analysis for converting existing warehouse space to office space. 17. Construction drawings submitted for plan check shall include ADA path of travel and number of ADA restroom fixtures provided. Police: 18. Prior to building permit issuance, the applicant shall remove screening/slatting on the existing chain link fencing/vehicle access gate on the south side of the property to ensure adequate visibility for safety purposes. Fire: 19. Prior to building permit issuance, the applicant shall provide Knox Boxes, click -to -enter equipment, safeguards for power failure on electric gates, and no -knowledge hardware for pedestrian gates on the existing fencing/vehicle access gates located on the north and south sides of the property. Trash: 20. Prior to building permit issuance, the applicant shall provide a Trash, Recycling, and Organics (TRO) Estimate form to the Public Works Department. Planning Commission Resolution No. PC 06-22 Page 8 21. Prior to building plan approval/permit issuance, all new or existing commercial, industrial, and multifamily developments must show on the plans how the trash enclosure will accommodate all required forms of recycling (trash/recycling/organics) of solid waste to comply with City of Orange waste disposal requirements. The trash enclosure design and location shall be reviewed and approved by the Planning Division in coordination with the Public Works Department, Trash Division. Water Division: Should the Fire Department require modification of the existing fire sprinkler system during plan check, the following conditions shall apply: 22. Prior to building permit issuance, an approved lead-free City of Orange Water Division approved backflow prevention device shall be required by the Water Division. 23. Owner will be responsible for all parkway/sidewalk repairs as a result any necessary water improvements. 24. Prior to building permit issuance, the applicant shall submit improvement plans to the Water Division for review and approval for any new fire hydrants, domestic water services, fire services, landscape services, and any other proposed improvements or relocations affecting the public water system facilities. 25. Prior to certificate of occupancy, the applicant shall be responsible for the installation of necessary fire hydrants and fire services as approved by the Fire Department and Water Division. 26. Prior to building permit issuance, the Water Division shall approve the type and location of landscaping and fire service (backflow prevention) device for proposed City services. 27. Prior to building permit issuance, construction documents shall show that a six-foot minimum horizontal clearance and a one -foot minimum vertical clearance would be maintained between City water mains, laterals, services, meters, fire hydrants and all other utilities except sewer. The Water Division shall review and approve the construction documents. 28. Prior to building permit issuance, construction documents shall show that an eight -foot minimum clearance is provided between City water mains, laterals, services, meters, fire hydrants, signs, or trees or other substantial shrubs and plants as required by the Water Division. The Water Division shall review and approve the construction documents. 29. Prior to building permit issuance, construction documents shall show that permanent signs, awning, surface water quality management features or other structures are not built over water mains, laterals, services, meters, or fire hydrants as required by the Water Division. Planning Commission Resolution No. PC 06-22 Page 9 30. Prior to building permit issuance for the first phase of work, the applicant shall be responsible for obtaining approval all of the necessary encroachment permits from affected agencies for all public water construction work. 31. Prior to approval of a water improvement plan, the applicant shall satisfy all water main connection, plan check, and inspections charges as determined by the Water Division. 32. Plans submitted during plan check shall show that the water improvement plans are consistent with the fire suppression plans and or fire master plan. The applicant's consultant preparing the water improvement plans shall coordinate its plans with the consultant preparing the fire suppression plans and/or fire master plan so that their designs concur. 33. Plans submitted during plan check shall show that the minimum separation requirements are met and that each of the various designer's plan sets match. The applicant's consultant preparing the improvement and utility plans shall coordinate its plans with the consultants preparing the landscape, architectural, surface water quality management, fire master and/or fire suppression plans so that their designs are consistent. 34. At least fourteen calendar days prior to commencing construction, the applicant's civil engineer shall prepare and provide product material submittals consistent with the water improvement plans for all proposed public water system facilities to the Water Division per the City of Orange General Water Construction Notes for review and approval. 35. Prior to certificate of occupancy, the applicant shall furnish and install individual pressure regulators on new services where the incoming pressure exceeds eighty -pounds per square inch. I hereby certify that the foregoing Resolution was adopted on June 6, 2022, by the Planning Commission of the City of Orange by the following vote: AYES: Ayes: Glasgow, Simpson, Martinez, Trapesonian, and Vazquez NOES: None ABSENT: Noe Planning Commission Chair 7/05 1_2 2, Date