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HomeMy WebLinkAbout2024 PC 23-24 OC RECLAMATIONCONDITIONAL USE PERMIT NO. 3229-24 RESOLUTION NO. PC 23-24 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ORANGE RECOMMENDING CITY COUNCIL APPROVAL OF CONDITIONAL USE PERMIT NO. 3229-24 TO ALLOW THE EXPANDED SALE OF BUILDING MATERIALS AND LANDSCAPE SUPPLIES IN CONJUNCTION WITH AN EXISTING BLUE RIBBON NURSERY AT 5093 E. SANTIAGO CANYON ROAD APPLICANT: OC RECLAMATION' LLC WHEREAS, in 1989, the City of Orange approved Conditional Use Permit No. ll44 and Administrative Adjustment 89-4 to allow for the operation of the Blue Ribbon Nursery, located at 5093 E. Santiago Canyon Road (altemate addresses 1425 North Santiago Boulevard and l92l Old Country Park Road) ("Property"), legally described as: Lot 5, Block A of Oge & Bond Tract, recorded in Book 3, Pages 430 and 431 of Miscellaneous Records of Los Angeles County CA; and WHEREAS, Orange Municipal Code (OMC) Section l7.10.030authorizes the Planning Commission to take action on Conditional Use Permits except, in accordance with Table 17.08.020, in instances where the application requirements require City Council approval; and WHEREAS, a request to modifl, Conditional Use Permit No. 1744 was filed by OC Reclamation, LLC ("Applicant") in accordance with the provisions of the OMC; and WHEREAS, the Blue Ribbon Nursery is a long-standing business that has met the landscape supply needs of East Orange residents and the community at large for over 40 years with an identified need for an expanded storage area based on customer demand; and NOW, THEREFORE, BE IT RESOLVED that the Planning Commission recommends approval of Conditional Use Permit No. 3229-24, a modification of Conditional Use Permit No. 1744,to allow the expanded sales of building materials and landscape supplies. SECTION 1 _ FINDINGS General Plan Finding: 1 The project must be consistent with the goals and policies stated within the City's General Plan. I Resolution No. PC 23-24 Page 2 of 6 The project is consistent with the goals and policies stated in the City's General Plan Land Use Element which encourages "a well-balanced community" as "one which provides a broad range of housing and business opportunities as well as recreational, institutional and cultural activities that enhance the overall living environment." The project is also consistent with the goals and policies in the City's General Plan Economic Development Element which support local businesses and businesses that supplement smaller components of the City's retail base, and related Economic Development Plan. Conditional Use Permit Findings: A Condittonal (Jse 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 granting of this Conditional Use Permit is based upon sound principles of land use and in response to services required by the community in that the Blue Ribbon Nursery has provided reliable nursery and landscape supplies, and firewood for decades, and is a recognized resource for such supplies by residents of Orange, and the neighboring cities of Villa Park and Anaheim. Expansion of the outdoor storage of landscape and building materials is a low-intensity activity for a property that was home to sand and gravel mining until the 1960s, and is a setting characterized by single-family neighborhoods, an elementary school, and the Santiago Creek corridor. A Conditional (Jse 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). Expansion of the Blue Ribbon Nursery's operational footprint to accommodate additional building materials and landscape supplies is not expected to detrimentally affect adjacent land uses or create special problems in the area. The site is surrounded by residential development to the north across Santiago Creek and south across Santiago Canyon Road; a private elementary school to the west; and, a water well and former landfill across Cannon Street to the east. The hours of operation of the businesses are 6:00 a.m. to 8:00 p.m. Monday through Sunday. The area of expansion for the nursery is oriented to Santiago Canyon Road in a manner that is not anticipated to create impacts to the adjacent residences to the south across the Santiago Canyon Road roadway. It is also not anticipated to impact Oakridge Private School to the west given that the expanded area of activity separated from classroom, office, and play areas of the school. The expanded material storage area is separated a great distance from Santiago Creek, and also separated from the naturalized sand and gravel pit adjacent to the north. Therefore, no impacts to the creek corridor or naturalized condition of the pit are anticipated. A Conditional t-Jse Permit must be considered in relationship to its effect on the community or neighborhood plan for the area in which it ls located (OMC 17.10.030.F.3). 2. aJ 4 Resolution No. PC 23-24 Page 3 of6 The Blue Ribbon Nursery is not located in a neighborhood plan area. Expansion of the nursery provides for the productive use and stewardship of a former sand and gravel mine, accommodating goods and services utilized by surrounding neighborhood residents. The hours of operation are compatible with surrounding residential uses. Expanded storage of materials will not negatively affect either neighborhoods or the adjacent elementary school given the orientation of the storage on the site towards the Santiago Canyon Road frontage of the property, and separation of the storage areas from the neighborhoods by the expansive Santiago Canyon Road roadway to the south and naturalized sand and gravel pit and Santiago Creek corridor to the north. A Conditional (Jse Permit, if granted, shall be made subject to those conditions necessqry to preserve the generol welfare, not the individual welfure of any particular applicant (oMC 17.10.030.F.4). All project conditions preserve the general welfare of the City and community. SECTION 2 - ENVIRONMENTAL REVIEW The proposed action is exempt from the California Environmental Quality Act (CEQA) pursuant to, but not limited to, State CEQA Guidelines Section 15305 (Minor Alterations in Land Use Limitations), Section 15307 (Actions by Regulatory Agencies for the Protection of Natural Resources), and Section 15308 (Actions by Regulatory Agencies for Protection of the Environment) because it accommodates the storage and sale of building materials and landscape supplies on portions of a commercial nursery site that are already paved or are unpaved but in a disturbed, non-native condition and retains a fbrmer sand and gravel pit in a naturalized condition that has evolved since excavation ceased, to include wetlands and habitat for flora and fauna associated with the Santiago Creek corridor. For this reason, no further CEQA documentation is required. SECTION 3- CONDITIONS OF APPROVAL BE IT FURTHER RESOLVED that the following conditions are imposed: The applicant agrees, as a condition of City's approval of Conditional Use Permit No. 3229-24, to indemniS, defend, and hold harmless, at applicant's expense, the City, its officers, agents, and employees ("City") from and against any claim, action or proceeding brought against the City, including, but not limited to, any claim, action or proceeding commenced within the time period provided in Government Code Section 66499.37 to attack, review, set aside, void or annul the City's approval, to challenge the determination made by the City under the Califomia Environmental Quality Act ("CEQA") or to challenge the reasonableness, legality or validity of any condition attached hereto. City shall promptly notiS applicant of any such claim, action or proceeding to which the City receives notice and to cooperate fully with the applicant in the defense thereof. Applicant shall reimburse the City for any and all costs and expenses, including, but not limited to, court costs and attorney's fees that the City may be required to pay, including any expenses ordered by a court or expenses incurred through the Office of the City Attorney 1 Resolution No. PC 23-24 Page 4 of 6 2. in connection with said claim, action or proceeding. City may, in its sole discretion, participate in the defense of any claim, action or proceeding but such participation shall not relieve applicant of the obligations of this condition. In the event the applicant is required to defend City in connection with such claim, action or proceeding, City shall have the right to approve counsel to so defend the City, approve all significant decisions conceming the manner in which the defense is conducted and approve any all settlements, which approval(s) shall not be unreasonably withheld. The obligations set forth herein remain in ttll force and effect throughout all stages of litigation including any and all appeals of any lower cou( judgment rendered in the proceeding. Further, applicant agrees to indemnifi, defend and hold harmless the City for all costs and expenses incurred in enforcing this provision. As required by Development Agreement No. 0010-24, and as may be amended, there is no limitation on the percentage of retail sales that are, or may be, conducted on the Property involving materials and landscape supplies. In addition, the use permitted by this CUP shall include the right to utilize all, or any portion, of the Property for the green waste supply, sales, and materials operation (but excluding rock crushing operations) and storage located in, on, or about the Property and the right to remove from the Property any non-green waste material inadvertently accepted for processing within thirty (30) days (rather than seven (7)) of such discovery. Further, the use shall include the right to overnight parking of delivery trucks on or about the Property. The applicant shall comply with all conditions of approval contained within Planning Commission Resolution No. PC 21-24 associated with Conditional Use Permit No. 3229- 24. All construction shall conform in substance and be maintained in general conformance with plans and exhibits labeled as Attachment 4 in the staff report dated August 5, 2024, including modifications required by the conditions of approval, and as recommended for approval by the Planning Commission. 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 plot plan, the Community Development Director may approve the changed plan administratively. Conditional Use Permit No. 3229-24 shall be eff-ective only upon adoption of Ordinance No. 24-XX (Zone Text Amendment) and approval of Development Agreement No. 0010- 24 ("Approvals") and shall take effbct upon the effective date of said Approvals. J 4. 5 6. Resolution No. PC 23-24 Page 5 of6 7 Any future expansion in the area or in the nature and operation of the approved use by Conditional Use Permit No. 3229-24 shall require a new or amended application. The applicant shall comply with all federal, state, and local laws, including all City regulations. Violation of any of those laws in connection with the use maybe cause for revocation of this permit. If the use has not commenced, or if substantial construction has not begun within 24 months after the date the conditional use permit was approved, project approval expires, in accordance with OMC Section 17.08.030(I)(l). Extensions of time may be granted, if requested in writing in accordance with OMC Section 17.08.060. Prior to issuance of a grading permit, the applicant shall submit a Lot Line Adjustment to the Public Works Department for review and approval. The Lot Line Adjustment shall be completed prior to permit issuance. Any graffiti shall be removed within 72 hours from the time the City of Orange Notice of Violation is sent to the applicant/property owner's address of record. The hours of operation of the nursery shall be Monday through Sunday,6:00 a.m. to 8:00 p.m., in a manner consistent with similar material storage businesses. In conjunction with the operation of the use, all loading areas shall be maintained and kept clean and free ofdebris. ADOPTED this 5th day of August,2024 David V,uez, P Commission Chair 8. 9 10. I l. t2 13. Resolution No. PC 23-24 Page 6 of6 I hereby certiff that the foregoing Resolution was adopted by the Planning Commission of the City of Orange at a regular meeting thereof held on the 5th day of August, 2024, by the following vote: AYES: NOES: ABSENT: Yazquez, Vejar, Martinez, Maldonado, Tucker, Leslie None McCormack Anna Pehoushek Assistant Community Development Director