2022 PC 35-22 AMAROK LLCAPPEAL NO.0559-22
RESOLUTION NO. PC 35-22
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ORANGE APPROVING APPEAL NO. 0599-
22 TO ALLOW TO CONSTRUCT AN EIGHT -FOOT -HIGH
ELECTRIC SECURITY PERIMETER FENCE WITHIN
FIVE FEET OF AN EXISTING SIX -FOOT -HIGH CHAIN
LINK PERIMETER FENCE AT AN EXISTING SUNBELT
RENTALS FACILITY LOCATED AT 1170 N MAIN
STREET
APPLICANT: AMAROK LLC
Moved by Commissioner Simpson and seconded by Vice Chair Glasgow that the
following resolution be adopted:
WHEREAS, the Planning Commission has authority per Orange Municipal Code Section
17.08.050 to hear appeals of actions taken by the Community Development Director; and
WHEREAS, the Community Development Director has authority to make a determination on
fences or walls exceeding eight feet in height based on Orange Municipal Code Section
17.12.070E.2.b and to make a determination on perimeter fences or walls within five feet of an
existing fence or wall based on Orange Municipal Code Section 17.12.070E.3; and
WHEREAS, the application for Appeal No. 0559-22 was filed by the applicant in
accordance with the provisions of the City of Orange Municipal Code; and
WHEREAS, the application for Appeal No. 0559-22 was processed in the time and
manner prescribed by state and local law; and
WHEREAS, the application for Appeal 0559-22 is categorically exempt from the
provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines
Section 15303 — New Construction or Conversion of Small Structures. The project consists of a
new eight -foot high electric security perimeter fence within five feet of an existing fence; and
WHEREAS, the Planning Commission conducted a public hearing on December 5, 2022,
at which time interested persons had an opportunity to testify either in support of, or opposition
to, the purposed Appeal No. 0559-22 on the Community Development Director's determination
upon property described as follows:
Assessor Parcel Number 375-302-18:
TRAVIS TR LOT 2 POR OF LOT TR 789
Planning Commission
Resolution No. PC 35-22
Page 2
Assessor Parcel Number 375-302-19:
TRAVIS TR LOT 2 POR OF LOT TR 789
Assessor Parcel Number 375-302-12:
P M 103-37 PAR 2 POR OF PAR AND P M 015-32 POR OF PAR 1
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission approves
Appeal No. 0559-22, request to construct an eight -foot high electric security perimeter fence
within five feet of an existing fence on the property located at 1170 N Main Street based on the
following findings:
1. The construction of the security fence is similar to existing security fences in the area.
2. The construction of the security fence a minimum distance of twelve inches from the
existing chain link fence does not pose a safety hazard.
3. The applicant agrees to lower the maximum height from ten feet to eight feet throughout
the perimeter.
4. The applicant agrees to remove the barb wire from the existing fence.
SECTION 1— ENVIRONMENTAL REVIEW
The proposed project is categorically exempt from the provisions of the California
Environmental Quality Act (CEQA) per State CEQA Guidelines 15303 (Class 3 — New
Construction) because the project consists of a new eight -foot high electric security perimeter
fence within five feet of an existing fence. As such, public review is not required.
SECTION 2 — CONDITIONS OF APPROVAL
BE IT FURTHER RESOLVED that the following conditions are imposed with project approval:
1. All construction shall conform in substance and be maintained in general conformance with
plans labeled Attachment 5 in the staff report, including modifications required by the
conditions of approval, and as recommended for approval by the Planning Commission.
2. Prior to the issuance of building permit, the plans shall be revised to indicate that the
maximum height of the security fence shall be eight feet.
3. Prior to the issuance of building permit, the plans shall be revised to indicate that the security
fence shall have a minimum separation of twelve inches from the existing perimeter fence.
4. Prior to the issuance of building permit, the plans shall be revised indicate the removal of the
existing barb wire on the existing fence.
5. Subsequent modifications after building permit issuance to the approved security fence shall
be submitted for review and approval to the Community Development Director or designee.
Should the modifications be considered substantial, the modifications shall be reviewed and
approved by the appropriate determining body.
Planning Commission
Resolution No. PC 35-22
Page 3
6. 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.
7. 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.
8. Construction permits shall be obtained for all construction work, as required by the City of
Orange. Failure to obtain the required permits will be cause for revocation of this permit.
9. All structures shall comply with the requirements of Municipal Code — Chapter 15.52
(Building Security Standards), which relates to hardware, doors, windows, lighting, etc. (Ord.
7-79). Approved structural drawings shall include sections of the security code that apply.
Specifications, details, or security notes may be used to convey the compliance.
10. 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.
11. The final approved conditions of approval shall be reprinted on the first or second page of the
construction documents when submitting to the Building Department for the plan check
process.
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.
I hereby certify that the foregoing resolution was adopted on December 5, 2022 by the Planning
Commission of the City of Orange by the following vote:
AYES: Vazquez, Glasgow, Simpson, Martinez, Trapesonian
NOES: None
ABSENT: None
ABSTAIN: None
David Vazquez, Planning Commission Chair
I - /�-l0-2Z2
Date