SR - ZCG-1278-15 - CRAIG DRIVE MALENA DRIVE *���°�°�c* AGENDA ITEM
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TO: Honorable Ma or and City Manager
Y Finance Direc r
Members of the City Council To Be Presented y: Chad Ortlieb
G.o,
THRU• Rick Otto Cons Calendar _ City Mgr Rpts
. City Manager Council Reports Legal Affairs
FROM: William Crouch,AICP, AIA, Boards/Cmtes X Public Hrgs
Admin Reports Plan/Environ
NCARB, LEED (AP)
Community Development Director
1. SUBJECT
ZC 1278-15, CUP 2975-15, AND MNSP 0809-15 — LOFTUS NURSERY, LOCATED
BETWEEN CRAIG DRIVE AND MALENA DRIVE
2. SUMMARY
The subject property is currently unzoned former railroad right-of-way located between two
residential tracts. The applicant seeks to establish Single Family Residential, 7,000 s.f. (R-1-7),
Residential Multiple Family(R-3), and Limited Business(G1)zoning consistent with the existing
Low Density Residential 2-6 dulac (LDR), Low Medium Residential 6-15 du/ac (LMDR), and
General Commercial Max. 1.0 FAR (GC) General Plan Land Use designations for the property
and to establish a tree and shrub farm on the southerly portion of the parcel. The Planning
Commission unanimously recommended project approval.
3. RECOMMENDATION
APPROVE ORDINANCE NO. 02-16 AND RESOLUTION NO. 10913
An Ordinance of the City Council of the City Of Orange approving Zone Change No. 1278-15 for
the establishment of Single Family Residential, 7,000 s.f. (R-1-7), Residential Multiple Family(R-
3), and Limited Business (G1) zoning consistent with the existing Low Density Residential 2-6
du/ac (LDR), Low Medium Residential 6-15 du/ac (LMDR), and General Commercial Max. 1.0
FAR (GC) General Plan Land Use Designations, for currently unzoned property located south of
Chapman Avenue between S Craig Drive and S. Malena Drive
A Resolution of The City Council approving Conditional Use Permit 2975-15,and Minor Site Plan
Review 0809-15 for the establishment of a tree and shrub farm on the southerly portion of property
located south of Chapman Avenue between S. Craig Drive and S. Malena Drive
ITEM .]� 1 1/12/16
4. FISCAL IMPACT
If the recommended action is approved there is no anticipated fiscal impact other than application
archiving and maintenance costs.
5. STRATEGIC PLAN GOAL S
1. Provide for a safe community
Strategy:
a) Provide and maintain infrastructure necessary to ensure the safety of the public.
b) Assure the development of the City occurs in a fashion that maximizes public
safety.
2. Be a fiscally healthy community
Strategy:
a) Create an environment to attract, retain and expand economic opportunities.
6. GENERAL PLAN IMPLEMENTATION
Land Use Element, GOAL 1.0: Meet the present and future needs of all residential and business
sectors with a diverse and balanced mix of land uses.
Land Use Element, Policy 1.2: Balance economic gains from new development while
preserving the character and densities of residential
neighborhoods.
Land Use Element, Policy 1.6: Minimize effects of new development on the privacy and
character of surrounding neighborhoods.
7. DISCUSSION and BACKGROUND
The applicant proposes to establish zoning consistent with the General Plan Land Use designations
for the property and to establish a tree and shrub farm on the southerly 300 feet of the former
railroad parcel. The site is 50 feet wide, 1088 feet long, and has a 30 foot wide pipeline easement
running the full north to south length of the property. No improvements exist on the property. The
property segments two single-family residential home neighborhoods on Craig and Malena Drives
which abut the eastern and western boundaries of the property. The bulk of the site, on the
southerly end, is proposed to be zoned Single Family Residential, 7,000 s.£ (R-1-7), which is
consistent with the surrounding single family residential designations. At the northerly portion of
the site, Limited Business (C-1) and Residential Multiple Family (R-3) zoning is proposed to the
centerline of the property to match zoning designations on adjacent property. All proposed zoning
mirrors the existing General Plan Land Use designations for the site.
ITEM 2 1/12/1G
The applicant proposes to utilize the subject property for the growing of trees and shrubs in pots.
No permanent improvements would be installed on-site due to a 30 foot wide pipeline easement
that runs the length of the property, north to south. The applicant has no intention to develop the
property other than a providing a prefabricated storage building not to exceed 200 square feet and
a chemical toilet that would be located about 50 feet back from Palmyra Avenue. Drought tolerant
landscaping would be placed in the 20 foot front yard setback. A fence with gate would be placed
20 feet back from the Palmyra Avenue right-of-way and 500 feet into the property from the
Palmyra Avenue adjacent property line. Growing grounds would occur on the west and east sides
of the first 500 feet of the property and would be divided by a 14-foot wide access drive aisle. No
lighting is proposed on-site.
Site operations would consist of watering, fertilizing, and transport of trees and shrubs grown on-
site. The site would not be open to the public for retail sales. Wholesale sales would be accessory
to the growing and storage of trees and shrubs on-site. Hours of operation would be limited to
7:00 a.m. to 7:00 p.m. daily. Vehicle transport of trees and shrubs to and from the property is not
expected to be frequent. There would be a total of five employees for the business. However, the
applicant's justification letter states that employees are "generally not on site."
This property is not designated in the City's General Plan as a potential future trail segment.
The Planning Commission staff report (Attachment 4) discloses and analyzes 4 project
characteristics in greater detail. Those characteristics include an easement on the property,
unauthorized public access to the site, use and operational concerns, and parking and loading.
With adoption of Conditions of approval, identified potential operational concerns related to dust,
and light spill that could impact adjacent neighborhoods would be addressed. A summary of the
project characteristics are as follows:
Easement
A 30 foot wide pipeline easement runs north and south on the 50 foot wide property. Due to the
easement, permanent structures and paving are prohibited on the easterly 30 feet of the property.
As a result, the proposed storage shed is limited to the easterly 20 feet of the property, no paving
is proposed for driveways or parking spaces, and the parcel's use is limited to non-structure-
intensive uses. Hence, a tree and shrub farm may be one of the few possible uses for the property.
Public Access
Public access is not authorized for the site. Condition 6 limits the use to growing grounds with
only on-site employees. Trees and shrubs grown for sale would be sold wholesale and transported
from the site in bulk quantities.
ITEM 3 1/12/16
Proposed Use/Operational Issues
The zoning proposed for the bulk of the site and, the whole of the area that is proposed for a tree
and shrub farm, is Single Family Residential, 6,000 square feet (R-1-6). The proposed zoning
would be consistent and seamless to the zoning of the adjacent residential properties on both
Malena and Craig Drives. Tree and shrub farms are Conditionally Permitted Uses subject to
performance standards. The proposal is designed to meet the performance standards. However,
due to the potential for operations of a tree and shrub farm to exceed a residential neighborhood
intensity,the use is not allowed by right and a Conditional Use Permit is required. Project concerns
include traffic, noise, odors, dust, and glare. As detailed in Attachment 4, because of the low
intensity of activity related to the use, traffic, noise, and odors related to the nursery would not be
significant.
Dust
Potential dust due to unpaved surfaces is not anticipated to be significant because dust
would most typically be caused by an active use or routine movement of heavy
machinery/vehicles, neither of which are anticipated characteristics of the use within the
area requested. As a precaution, Condition 20 is recommended as a project design feature
to require gravel to be placed in the area where employees will park and along the project
drive entrance.
Light
The potential for light and glare caused by on-site lighting is removed by the fact that no
lighting is proposed for the site and the hours of operation would be from 7:00 a.m. to 7:00
p.m. To ensure that the site remains free of lighting, Condition 7 is recommended to limit
the hours of operation to those requested.
Parkin�and Loading
The Orange Municipal Code has no parking or loading zone standards for the use. The City
Council may determine that the plan layout accommodates parking and loading needs of the use.
The Planning Commission found that the parking area designated on the site plan and absence of
a formal loading zone is sufficient to support the use on this property given that:
• The use is conditioned
• The site lacks ability to be paved over more than half of its area
• The use is closed to the public
• The number of employees for the business is limited
• Deliveries to and from the site will be infrequent
• The area of the lot is vast
• The use is low intensity
ITEM 4 1/12/16
8. PLANNING COMMISSION HEARING
The Planning Commission unanimously recommended project approval at their November 2,
2015,meeting. Six persons spoke in opposition to the project at the meeting. Seven speaker cards
noting opposition were received.
One oppositional email was received by staff subsequent to the Planning Commission meeting and
is included as Attachment 8. Any additional comments received before the City Council Public
Hearing will be provided under a separate memo.
9. ENVIRONMENTAL REVIEW
Final Program Environmental Impact Report (EIR) No. 1815-09 for the Comprehensive General
Plan Update was certified on March 9, 2010 and prepared in accordance with the California
Environmental Quality Act (CEQA). The Zone Change is within the scope of the previously
approved General Plan and is adequately analyzed in the previously certified General Plan
Program EIR for purposes of CEQA. Specifically, the General Plan Land Use Element, which
includes the General Plan Land Use map, designates the property as Low Density Residential2-6
du/ac (LDR). The proposed Single Family Residential, 7,000 SF (R-1-7) zoning implements the
existing General Plan designation for the site.
In accordance with State planning law (Government Code §65860), the City must establish
consistency between the General Plan and its zoning. Furthermore, Implementation Program I-1
of the General Plan Implementation Plan calls for consistency between General Plan and zoning
designations to be established. Therefore, the General Plan EIR already contemplated and
evaluated the proposed Zone Change and the associated reasonably foreseeable development of
the site.
Notwithstanding the above,the project also fall within the guidelines for a Categorical Exemption.
The proposed tree and shrub farm use component of the project is categorically exempt from the
provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines
15303 and 15304, (Class 3 —New Construction of Conversion of Small Structures, and Class 4 —
Minor Alterations to Land) Class 4 exempts projects involving minor alterations to land including
grading and new landscaping. Class 3 exempts projects involving construction of new facilities or
structures including construction of up to three single family homes, six apartment units, or a
10,000 square foot commercial building. The proposed project is exempt because it involves the
establishment of landscape growing grounds (whereby plants and trees are grown onsite and sold
in wholesale quantities to landscapers) and construction of a 200 square foot accessory building.
This type and extent of development falls within the guidelines for both a Class 3 and Class 4
exemption. Furthermore, the project would not result in significant environmental effects or
ITEM 5 1/12/16
otherwise trigger the exceptions to categorical exemptions listed in CEQA Guidelines Section
15300.2. No public review is required.
10. ATTACHMENTS
Attachments to Report:
1. Ordinance No. 02-16
2. City Council Resolution No. 10913
3. Vicinity Map
4. Existing Site Photographs
5. Planning Commission Staff Report Dated November 2, 2015 (including draft resolution)
6. Planning Commission Resolution 34-15
7. Planning Commission Meeting Minutes Dated November 2, 2015
8. Public Comments
Exhibits:
A. Submitted Plans and Exhibits date stamped January 12, 2016
cc: Ed Loftus II John Koos
18311 Villa Drive 1509 Allyson Ct.
Villa Park, CA 92861 Brea, CA 92821
ITEM 6 1/12/1G
ORDINANCE NO. 02-16
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ORANGE APPROVING ZONE
CHANGE NO. 1278-15 FOR THE
ESTABLISHMENT OF SINGLE FAMILY
RESIDENTIAL, 7,000 S.F. (R-1-7),
RESIDENTIAL MULTIPLE FAMILY (R-3), AND
LIMITED BUSINESS (C-1) ZONING
CONSISTENT WITH THE EXISTING LOW
DENSITY RESIDENTIAL 2-6 DU/AC (LDR),
LOW MEDIUM RESIDENTIAL 6-15 DU/AC
(LMDR), AND GENERAL COMMERCIAL MAX.
1.0 FAR (GC) GENERAL PLAN LAND USE
DESIGNATIONS, FOR CURRENTLY UNZONED
PROPERTY LOCATED SOUTH OF CHAPMAN
AVENUE BETWEEN S. CRAIG DRIVE AND S.
MALENA DRIVE
ZONE CHANGE N0. 1278-15
APPLICANT: ED LOFTUS II
WHEREAS, on March 9, 2010, the City adopted its 2010 General Plan, including a Land
Use Element and associated Land Use Policy Map that included existing designations of Low
Density Residential 2-6 du/ac (LDR), Low Medium Residential 6-15 du/ac (LMDR), and
General Coinmercial MaY. 1.0 FAR (GC) for property previously used as railroad right-of-way
located south of Chapman Avenue between S. Craig Drive and S. Malena Drive; and
WHEREAS, the property previously used as railroad right-of-way located south of
Chapman Avenue between S. Craig Drive and S. Malena Drive ("the project") is the subject of
Zone Change No. 1278-15.
WHEREAS, the project site is not zoned which, is not consistent with the General Plan
Land Use Element Low Density Residential 2-6 du/ac (LDR), Low Medium Residential 6-15
du/ac (LMDR), and General Commercial Max. 1.0 FAR (GC) designations for the site and, in
accordance with State planning law (Government Code §65860), the City must establish
consistency between the General Plan and its zoning. Furthermore, Implementation Program I-1
of the General Plan Implementation Plan calls for consistency between General Plan and zoning
designations to be established. Therefore, the General Plan EIR already contemplated and
evaluated the proposed Zone Change and the associated reasonably foreseeable development of
the site; and
ATTACHMENT NO. 1
1 ORDINANCE 02-16
LOFTUS NURSEIZY
JANUARY 12, 2016 CC MTG.
WHEREAS, to achieve General Plan Land Use Element consistency, establishment of
zoning on the project site to Single Family Residential, 7,000 s.£ (R-1-7), Limited Business (C-
1) and, Residential Multiple Family (R-3) is warranted as shown on Exhibit B of this Ordinance;
and
WHEREAS, the City Council of the City of Orange is authorized by Government Code
Section 65850 to adopt ordinances amending the City's zoning code; and
WHEREAS, Zone Change 1278-15 was filed by Ed Loftus II in accordance with the
provisions of the City of Orange Municipal Code; and
WHEREAS, Zone Change 1278-15 was filed concurrently with Conditional Use Permit
2975-15, and Minor Site Plan 0809-15 for a tree and shrub farm on property located south of
Chapman Avenue between S. Craig Drive and S. Malena Drive; and
WHEREAS, Zone Change 1278-15, Conditional Use Permit 2975-15, and Minor Site
Plan 0809-15 was processed in the time and manner prescribed by state and local law; and
WHEREAS, Zone Change 1278-15 is covered by Final Program Environmental Impact
Report (EIR) No. 1815-09 for the Comprehensive General Plan Update that was certified on
March 9, 2010 and prepared in accordance with the California Environmental Quality Act
(CEQA). The Zone Change is within the scope of the previously approved General Plan and is
adequately analyzed in the previously certified General Plan Program EIR for purposes of
CEQA. Specifically, the General Plan Land Use Element, which includes the General Plan Land
Use map, designates the property as Low Density Residential 2-6 du/ac (LDR). The proposed
Single Family Residential, 7,000 s.f. (R-1-7), Limited Business (C-1) and, Residential Multiple
Family(R-3) zoning implements the existing General Plan designations for the site; and
W��Y�AS, Staff from interested depai-tinents reviewed the project on September 2,
2015, deemed the application complete, and recommend that the project proceed to the Planning
Commission; and
WHEREAS, the Planning Commission conducted one duly advertised public hearing on
November 2, 2015, at which time interested persons had an opportunity to testify either in
support of, or opposition to, the proposal and for the purpose of considering Zone Change 1278-
15, Conditional Use Permit 2975-15, and Minor Site Plan 0809-15 upon property described in
ExhiUit C as attached hereto; and
WAEREAS, at their November 2, 2015, meeting the Planning Commission unanimously
approved Planning Commission Resolution 34-15 recommending that that the City Council
approve Zone Change 1278-15, Conditional Use Permit 2975-15, and Minor Site Plan 0809-15
for a tree and shrub farm located south of Chapman Avenue between S Craig Drive and S
Malena Drive; and
2
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE DOES
ORDAIN AS FOLLOWS:
SECTION I:
The existing zoning is depicted on the map attached hereto as Exhibit "A" and
incorporated herein by reference. The Orange Municipal Code is amended in order to change the
zoning classification by amending the zoning on the sites depicted on the map attached hereto as
Exhibit"B" and incorporated herein by reference.
SECTION II:
The proposed zone changes described in Section I are related to the public welfare,
required by California Government Code Section 65860 and consistent with Final Program
Environmental Impact Report (EIR) No. 1815-09 for the Comprehensive General Plan Update,
certified on March 9, 2010, and prepared in accordance with the California Environmental
Quality Act (CEQA). The proposed zone changes are within the scope of the previously
approved General Plan and are adequately described in the previously certified General Plan
Program EIR for purposes of CEQA.
SECTION III:
A summary of this ordinance shall be published and a certified copy of the full text of this
ordinance shall be posted in the Office of the City Clerk at least 5 days prior to the City Council
meeting at which this ordinance is adopted. A summary of this ordinance shall also be published
once within 15 days after the ordinances passage in a newspaper of general circulation,
published, and circulated in the City of Orange. The City Clerk shall post in the Office of the
City Clerk a certified copy of the full teYt of such adopted ordinance alon� with the naines of
those City Councilmembers votin6 for and against the ordiilaiice in accordance of Goveriunent
Code Section 36933. This ordinance shall take effect 30 days from and after the date of its final
passage.
ADOPTED this day of , 2016.
Teresa E. Smith, Mayor, City of Orange
3
ATTEST:
Mary E. Murphy, City Clerk, City of Orange
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF ORANGE )
I, MARY E. MURPHY, City Clerk of the City of Orange, California, do hereby certify that the
foregoing Ordinance was introduced at the regular meeting of the City Council held on the
day of , 2016, and thereafter at the regular meeting of said City Council duly held on the
_day of , 2016, was duly passed and adopted by the following vote, to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
Mary E. Murphy, City Clerk, City of Orange
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ATTACHMENT lA
ORDINANCE 02-16 e
Legend EXISTING ZONING
Q Project Site LOFTUS NURSERY 200 ,°° ° z°°Fee'
JANUARY 12, 2016 CC MTG.
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ATTACHMEN 1' 1�3
ORDINANCE 02-16
Legend PROPOSED ZONING e
� Project Site LOFTUS NLJRSERY Za� ,°° ° Z°°Fee'
JANUARY 12,2016 CC MTG.
ORDER NO.: 10373868
EXHIBIT"A"
PARCEL A:
THAT PORTION OF THE A.B. CHAPMAN TRACT AS SURVEYED BY FRANK LE COUVREUR IN
1870, IN THE CITY OF ORANGE, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN
ON A MAP FILED IN BOOK 102, PAGE 15 OF MISCELLANEOUS MAPS, INCLUDED WITHIN THE
BOUNDARIES OF THAT CERTAIN STRIP OF LAND, 50 FEET WEDE, DESCRIBED IN THE DEED
TO THE PACIFIC IMPROVEMENT COMPANY, RECORDED JUNE 18, 1888, IN BOOK 454, PAGE
72, OF DEEDS, IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY,
CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF TRACT 4613 AS RECORDED IN BOOK 165,
PAGES 29-31 INCLUSIVE OF MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY;
THENCE S 0° 16' 30" E, 1058.28 FEET ALONG THE WEST BOUNDARY OF SAID TRACT 4613 TO
TNE NORTHERLY RIGHT OF WAY LINE OF PALMYRA AVENUE, 60 FOOT WIDE; THENCE S 89°
46' 48" W, 50.00 FEET ALONG SAID NORTHERLY RIGHT OF WAY LINE TO THE EASTERLY
BOUNDARY OF TRACT 4725 AS RECORDED IN BOOK 167, PAGES 37-38 OF MISCELLANEOUS
MAPS, RECORDS OF SAID COUNTY;
THENCE N 0° 16' 30" W, 1058.61 FEET, ALONG SAID EASTERLY BOUNDARY AND THE
EASTERLY BOUNDARIES OF TRACT 6401 AS RECORDED IN BOOK 239, PAGES 3-4 OF
MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY, AND A PARCEL MAP RECORDED IN
BOOK 43, PAGE 7 OF PARCEL MAPS, RECORDS OF SAID COUNTY, TO A POINT ON THE
EASTERLY BOUNDARY OF SAID PARCEL MAP WHICH INTERSECTS WITH THE WESTERLY
PROLONGATION OF THE NORTHERLY LINE OF LOT 16 OF SAID TRACT 4613;
THENCE S 89° 50' 37" E, 50.00 FEET ALONG SAID PROLONGATION TO THE POINT OF
BEGINNING.
SAID PARCEL IS ALSO SHOWN AS PARCEL 2 ON A MAP MARKED EXHIBIT B ATTACHED TO
LOT LINE ADJUSTMENT NO. LL 83-10, RECORDED APRIL 15, 1985 AS INSTRUMENT NO. 85-
132372, OF OFFICIAL RECORDS.
PARCEL B:
THAT PORTION OF PALMYRA AVENUE,AS SHOWN ON THE MAP OF TRACT NO.4613 FILED IN
BOOK 165, PAGES 29 TO 31, INCLUSIVE, OF MISCELLANEOUS MAPS, AND ON THE MAP OF
TRACT NO. 4725 FILED IN BOOK 167, PAGES 37 AND 38 OF MISCELLANEOUS MAPS, LYING
WITHIN THE A.B. CHAPMAN TRACT AS SURVEYED BY FRANK LE COUVREUR IN 1870, IN THE
CITY OF ORANGE, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP
FILED IN BOOK 102, PAGE 15 OF MISCELLANEOUS MAPS, INCLUDED WITHIN THE
BOUNDARIES OF THAT CERTAIN STRIP OF LAND, 50 FEET WIDE, DESCRIBED IN THE DEED
TO THE PACIFIC IMPROVEMENT COMPANY, RECORDED JUNE 18, 1888, IN BOOK 454, PAGE
72, OF DEEDS, IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY,
CALIFORNIA, WHICH UPON ABANDONMENT WOULD PASS WITH A CONVEYANCE OF THE
ABOVE DESCRIBED PARCEL A.
ATTACHMENT 1C
ORDINANCE 02-16
PARCEL DESCRIPTION
LOFTUS NURS�RY
JANURY 12,2016 CC MTG.
CONDITIONAL USE PERMIT 2975-15
NIINOR SITE PLAN REVIEW 0809-15
RESOLUTION N0. 10913
A RESOLUTION OF THE CITY COUNCIL APPROVING
CONDITIONAL USE PERMIT 2975-15, AND MINOR SITE
PLAN REVIEW 0809-15 FOR THE ESTABLISHMENT OF A
TREE AND SHRUB FARM ON THE SOUTHERLY PORTION
OF PROPERTY LOCATED SOUTH OF CHAPMAN AVENUE
BETWEEN CRAIG DR1VE AND MALENA DRIVE
APPLICANT: ED LOFTUS II
Moved by Councilmember and seconded by Councilmember
that the following resolution be adopted:
WHEREAS, Conditional Use Permit 2975-15, and Minor Site Plan 0809-15 is for a tree
and shrub farm on property located south of Chapman Avenue between S. Craig Drive and S.
Malena Drive; and
WHEREAS, Zone Change 1278-15 was filed concurrently with Conditional Use Permit
2975-15, and Minor Site Plan 0809-15 but was processed as a legislative act under City Council
Ordinance 02-16; and
WHE1tEAS,City Council authority to render a decision on Conditional Use Permit 2975-
15, and Minor Site Plan Review 0809-15 is derived from Orange Municipal Code Sections
17.0�.020 and 17.10.020 because Zone Change 1278-15 is a component of the project; and
WHEREAS, Conditional Use Permit 2975-15, and Minor Site Plan 0809-15 was filed by
Ed Loftus II in accordance with the provisions of the City of Orange Municipal Code; and
WHEREAS, Conditional Use Permit 2975-15, and Minor Site Plan 0809-15 was
processed in the time and manner prescribed by state and local law; and
WHEREAS, Conditional Use Permit 2975-15, and Minor Site Plan 0809-15 fall within
the guidelines for a Categorical Exemption pursuant to the provisions of the California
Environmental Quality Act per State CEQA Guidelines Sections 15303 and 15304,(Class 3—New
Construction of Conversion of Small Structures, and Class 4—Minor Alterations to Land). Class
4 exempts projects involving minor alterations to land including grading and new landscaping.
Class 3 exempts projects involving construction of new facilities or structures including
construction of up to three single family homes, six apartment units, or a 10,000 square foot
commercial building. The proposed project is exempt because it involves the establishment of
landscape growing grounds (whereby plants and trees are grown onsite and sold in wholesale
quantities to landscapers) and construction of a 200 square foot accessory building. This type and
ATTACHMENT NO. 2
CC RESOLUTION 10913
LOFTUS NURSERY
JANUARY 12,2016 CC MTG.
extent of development falls within the guidelines for both a Class 3 and Class 4 exemption.
Furthermore,the project would not result in significant environmental effects or otherwise trigger
the exceptions to categorical exemptions listed in CEQA Guidelines Section 15300.2; and
WHEREAS, Staff from interested departments reviewed the project on September 2,
2015, deemed the application complete, and recommend that the project proceed to the Planning
Commission; and
WHEREAS, the Planning Commission conducted one duly advertised public hearing on
November 2, 2015, at which time interested persons had an opportunity to testify either in support
of, or opposition to, the proposal and for the purpose of considering Zone Change 1278-15,
Conditional Use Permit 2975-15, and Minor Site Plan 0809-15 upon property described in Exhibit
A as attached hereto; and
WHEREAS, at their November 2, 2015, meeting the Planning Commission unanimously
approved Planning Commission Resolution 34-15 recommending that that the City Council
approve Zone Change 1278-15,Conditional Use Permit 2975-15, and Minor Site Plan 0809-15 for
a tree and shrub farm located south of Chapman Avenue between S Craig Drive and S Malena
Drive; and
WHEREAS, the City Council of the City of Orange conducted a duly advertised public
hearing on January 12, 2016 for the purpose of considering Zone Change 1278-15, Conditional
Use Permit 2975-15, and Minor Site Plan 0809-15; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Orange
hereby approves Conditional Use Permit No. 2975-15,and Minar Site Plan Review No. 0809-15 for a
tree and shrub farm located south of Chapman Avenue between S Craig Drive and S Malena Drive,
based on the following findings:
General�Ya� Required Findings:
1. The project must be consistent with the goals and policies stated within the City's General
Plan.
The project is compliant with the General Plan Land Use Element in that:
• It establishes zoning that is consistent with the General Plan Land Use
Designations.
• Existing rear yard walls of adjacent residences combined with the limited hours
of operation and low intensity of the tree and shrub farm use will minimize
effects of the use on the privacy and character of surrounding neighborhoods
and take advantage of existing wall buffering to improve compatibility.
• The addition of project landscaping along the Palmyra Avenue streetscape will
enhance the community street scene.
2
• The project has solicited public involvement in the land use planning decision
through advertised public hearings before the Planning Commission and,
subsequently to the City Council.
The Project is compliant with the General Plan Natural Resources Element in that:
• The front yard landscaping proposed minimizes the amount of water used for
landscaping through the use of native and drought-tolerant plants, proper soil
preparation, and efficient irrigation systems. Furthermore,the trees and shrubs
to be grown on-site are anticipated to meet the needs of the wholesale landscape
market which, has been trending toward drought-tolerant species for
development projects needing to meet Section 65595 of the Government Code.
• The project minimizes the amount of impervious surfaces for the site by only
including a shed no greater than 200 square feet. Therefore,any potential urban
runoff pollutants from any source point running through the site would be
limited due to the continued pervious nature of the site.
The project is compliant with the General Plan Public Safety Element in that:
• The addition of fencing and gating on the site will deter unauthorized access
and, while employees are on-site, natural surveillance will be enhanced.
The project is compliant with the General Plan Noise Element in that:
• Potential excessive noise levels have been evaluated. Potential operational
noise would be limited to infrequent deliveries of trees, shrubs, and fertilizer to
and from the site. Tree and shrub deliveries would occur at a point of mature
growth. Hence, operations causing noise would not be frequent. Employee
vehicles on-site are anticipated to be no greater than vehicle trips to and from a
single-family residence. Hence, vehicle noise from employees would not be
anticipated to be significant. Maintenance activities would be limited to
watering and fertilizing which, are not noise intensive operations. It is not
anticipated that the sounds of employee voices would be any greater than use
of yards of any neighboring residential property. The use would need to adhere
to the noise standards of OMC Section 8.24.040
• Conflicts with adjacent residential uses would be limited in that hours of
operations and deliveries are limited to 7:00 a.m. to 7:00 p.m.
The project is compliant with the General Plan Economic Development Element in that:
• The project contributes to the City goal to have a diversified base of land uses.
Conditional Use Permit Required Findings:
1. A Conditional Use Permit shall be granted upon sound principles of land use and in
response to services Yequired by the community.
3
The Conditional Use Permit demonstrates sound principles of land use in that:
The proposed use is not anticipated to generate significant amounts of traffic in that it will
take time to produce mature trees and shrubs in containers on the site. Import and removal
of trees and shrubs would only occur upon the timing of mature growth. Delivery of
irrigation and fertilizer supplies is not anticipated to occur frequently enough to merit
traffic concerns because it will likely be delivered in bulk and be stored on-site. Employee
presence on the site would be limited to watering, fertilizing, and monitoring operations.
It is not anticipated that employee trips to and from the site would be significant given that
only five employees are proposed for the business and one or two on-site employees could
accommodate the watering, fertilizing, and monitoring needs of the tree and shrub farm,
which is limited to the 500 southerly feet of the property.
Potential operational noise would be limited to infrequent deliveries of trees, shrubs, and
fertilizer to and from the site. As stated above in the traffic disclosure, tree and shrub
deliveries would occur at a point of mature growth. Employee vehicles on-site are
anticipated to be no greater than vehicle trips to and from a single-family residence. Hence,
vehicle noise from employees would not be anticipated to be significant. Maintenance
activitie� would be limited to watering and fertilizing. It is not anticipated that the sounds
of employee voices would be any greater than use of yards of any neighboring residential
property, especially given that noise attenuation would be obtained by the rear yard walls
of adjacent residential property. The use would need to adhere to the noise standards of
OMC Section 8.24.040.
Potential odors from the use would be limited to vehicle exhaust and fertilizer. However,
vehicle trips to and from the site are not anticipated to be routine or more intensive than a
single-family residential use. Fertilizer is anticipated to be stored in the proposed shed, in
bags,or under a covered area,with permission of the Fire Department. Hence the enclosure
or covering would be expected to deter odors from transcending property boundaries.
Furthermore, application of fertilizer to potted trees and shrubs would not necessarily be
frequent,occur all at the same time,or be of a variety that produces odor significant enough
to be detected off-site.
Potential dust due to unpaved surfaces is not anticipated to be significant because dust
would most typically be caused by an active use or routine movement of heavy
machinery/vehicles, neither of which are anticipated characteristics of the use within the
area requested. Condition 20 is included as a project design feature to require gravel to be
placed in the area where employees will park and along the project drive entrance.
The potential for light glare caused by on-site lighting is removed by the fact that no
lighting is proposed for the site and the hours of operation would be from 7:00 a.m. to 7:00
p.m. Condition 7 limits the hours of operation to those requested.
The applicant proposes an informal employee parking area as shown on the site plan and
does not include a formal loading zone. The parking and ability to accommodate loading
and unloading on site is sufficient to support the use on this property given that the use is
4
conditioned, the site lacks ability to be paved over more than half of its area, the use is
closed to the public, the number of employees for the business is limited, deliveries to and
from the site will be infrequent, the area of the lot is vast, and the use is low intensity. No
formal parking spaces are required for the use. Furthermore, staff recommends that the
Planning Commission determine that a formal loading zone is not required for the use in
that OMC Section 17.34.160 only requires loading zones for "...for all new construction
of nonresidential projects..." The proposed tree and shrub farm use of the site is not new
construction but rather the use of a vacant lot and the lot has ample area to accommodate
the infrequent deliveries anticipated to occur.
Furthermore,the project demonstrates sound principles of land use as evidenced in the
General Plan consistency finding.
The tree and shrub farm provides a service required by the community in that landscaping
changes or dies and drought tolerant planting is desirable. The tree and shrub farm provides
a landscape commodity for wholesalers to purchase and plant in the community which,
accomplishes water conservation and aesthetic improvements for the community.
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.
As stated in the above finding no deterioration or special problems of any significance are
anticipated with regard to traffic, noise, odors, dust, and glare. No other potential sources
of deterioration or problems have been identified. As stated in the General Plan
consistency finding, the project may improve the area via the landscaped front setback of
the property, the gating at two points along the property, and the natural surveillance that
will occur during operations.
3. A Cofzditional Use Pe��tiait���azrst be consicle��ed in relc�tionslzip to its effect o��a the commr.r�zity
or neighbor�hood plan for the area in which it is located.
There is no community or neighborhood plan for the area. The General Plan is the plan for
both the City and the area. The General Plan consistency finding demonstrates the project's
compatibility for the area. Specifically, the project is anticipated to assume a subdued
neighborhood profile given the low intensity operational characteristics of the project
which include a low number of employees,restricted operational hours, limited area of lot
use, prohibition of public sales, single-family residential use traffic volume, infrequent
deliveries, and lack of routine use of hauling machinery. Noise from watering and
maintenance is not anticipated to exceed residential standards and the operations must
comply with OMC Section 8.24.040.
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.
Conditions provided for the project are intended to preserve the general welfare to the
benefit of the community and the City as a whole. Specific conditions address hours of
5
operation,use of gravel on unpaved areas where vehicles will travel or park,use of the site
exclusively by employees, prohibition of public sales, and limitation of the area of use of
the parcel.
Minor Site Plan Review Required Findings:
1. That the project design is compatible with surrounding development and neighborhoods;
The General Plan consistency finding coupled with the Conditional Use Permit findings
demonstrate that the project design is compatible with surrounding development and
neighborhoods.
2. That the project conforms to Ciry development standards and any applicable special design.
guidelines or specific plan requirements;
With approval of the Zone Change and Conditional Use Permit, the project complies with
City development standards as evidenced in the Development Standards table of the staff
report. There are no special design guidelines or specific plan applicable to the site.
3. That the project provides for safe and adequate vehicular and pedestrian circulation, both
on- and off-site;
The site is not open to the public. The site will only need to accommodate a maximum of
5 employees of which, only one or two are expected to be on site routinely at a time. The
site has adequate entry off of Palmyra Avenue and adequate on site circulation to support
the tree and shrub farm use.
4. That City ser�vices are available and adequate to serve the project;
The site only requires water and minor electrical service. Both services are able to connect
to the property from Palmyra Avenue.
S. That the project has been designed to fully mitigate or substantially minimize adverse
environrnental effects.
As stated in Conditional Use Permit finding number 1, no significant impacts are
anticipated by the project. Project design features combined with project conditions are
expected to ensure that low-intensity use of the site occurs in a manner that is not disruptive
to the neighborhood.
SECTION 2 —ENVIRONMENTAL REVIEW
The project includes Zone Change 1278-15, which is addressed for environmental review under
City Council Ordinance 02-16.
The proposed tree and shrub farm use component of the project is categorically exempt from the
provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines
6
15303 and 15304, (Class 3 —New Construction of Conversion of Small Structures, and Class 4—
Minor Alterations to Land) Class 4 exempts projects involving minor alterations to land including
grading and new landscaping. Class 3 �xempts projects involving construction of new facilities or
structures including construction of up to three single family homes, six apartment units, or a
10,000 square foot commercial building. The proposed project is exempt because it involves the
establishment of landscape growing grounds (whereby plants and trees are grown onsite and sold
in wholesale quantities to landscapers) and construction of a 200 square foot accessory building.
This type and extent of development falls within the guidelines for both a Class 3 and Class 4
exemption. Furthermore, the project would not result in significant environmental effects or
otherwise trigger the exceptions to categorical exemptions listed in CEQA Guidelines Section
15300.2. No public review is required.
SECTION 4—CONDITIONS OF APPROVAL
BE IT FURTHER RESOLVED that the following conditions are imposed with approval:
General
l. The project shall conform in substance and be maintained in general conformance with plans
and exhibits date stamped November 2, 2015, including any modifications required by
conditions of approval, and as approved by the Pianning Commission. Any future expansion
in area or in the nature and operation of the use approved by Conditional Use Permit 2975-15
shall require an application for a new or amended Conditional Use Permit.
2. 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 permits, save and except that caused by the City's active negligence.
The City shall promptly notify the applicant of any such claim,action,or proceedings and shall
cooperate fully in the defense.
3. The applicant sllall coiiiply with all federal, state,and local lativs,i�icludin�all City regulations.
Violation of any of those laws in connection with the use will be cause for revocation of this
permit.
4. Any modifications to the plans including,but not limited to,the landscaping as a result of other
Department requirements such as Building Codes, water quality, Fire, or Police 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 Planning Commission.
5. 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 plan, the
Community Development Directar may approve the changed plan without requiring a new
public hearing.
7
6. Conditional Use Permit 2975-15 limits the use of the site plan designated area of the property
exclusively as a shrub and tree farm with no public sales.
7. The permitted use of the property, including deliveries, and any construction activity in
preparation of the use, shall be limited to the hours between 7:00 a.m. and 7:00 p.m. with no
activity permitted on Sundays and Federal holidays.
8. Any graffiti on-site, and including adjacent property line walls, shall be removed within 72
hours from the time the City of Orange Notice of Violation is received by the
applicant/property owner.
9. The informal parking area designated for employees on the site plan shall remain on site in
perpetuity of the tree and shrub farm use. The minimum area dimension reserved for parking
shall be forty by 20 feet.
10. In conjunction with the operation of the business, should parking issues arise on the site or the
surrounding neighborhood in association with the use, the applicant shall work with the
Community Development Department to resolve any issues. If such issues are not resolved to
the City's satisfaction, the Conditional Use Permit shall be presented to the Planning
Commission for their consideration of further conditions, modifications or revocation.
11. Prior to initiation of the use or issuance of a business license,the applicant shall provide a plan,
acceptable to the Director of Public Works or their designee,that demonstrates the method that
green waste and refuse will be removed from the site.
12. No lighting may be permitted or installed on-site.
13. The applicant shall not allow odors to emit from the chemical toilet facility shown on the site
plan. If odors are identified, the applicant shall work with the Community Development
Department to implement a plan to resolve any issues. If such issues are not resolved to the
City's satisfaction,the Conditional Use Permit shall be presented to the Planning Commission
for their consideration of fiirther conditions, modificatioz�s or revocation.
14. The applicant shall be responsible for any repai�s to any property perimet�er walls
demonstrated,to the satisfaction of the Community Development Director or his/her designee,
to be damaged by on site operations.
15. The applicant shall be responsible for resolving any improvement encroachments onto the
property and its associated easements. Costs associated with enforcing the removal of
improvement encroachments into easements shall be the responsibility of the applicant.
16. Any signage proposed for the site shall comply with Orange Municipal Code Section
17.36.1 IOC.l. and a building permit shall be obtained for the sign. Fence, wall, and banner
signs are not permitted. Addressing shall be included on any proposed sign to the
satisfaction of the Building and Safety Division, Police Department, Crime Prevention
Division, and Fire Department.
17. Prior to business license issuance, landscaping shall be installed on-site to match approved
plans. Landscape irrigation must demonstrate the project complies with the City's Water
Efficient Landscape Guidelines as described in Section IX et al of the City of Orange
Landscape Standards and Specifications.
8
18. No mulch or manure piles are authorized on-site without Community Development and Fire
Department approval.
19. Prior to business license issuance, rumble strips shall be placed within 20 feet of the Palmyra
Avenue entrance/exit.
20. Prior to business license issuance, gravel shall be placed over the area that the approved site
plan designates as "temp. employee parking area" and over the drive aisle leading to the
parking area.
21. Prior to the issuance of any permits the applicant shall submit a Non-Priority Water Quality
Management Plan(NP-WQMP)to the Public Works Department for review and approval
22. Prior to the issuance of certificates for use of occupancy, the applicant shall demonstrate the
following to the Public Works Department:
a) That all structural and treatment control best management practices (BMPs) described in
the Project WQMP have been constructed and installed in conformance with the approved
plans and specifications,
b) That the applicant is prepared to implement all non-structural BMPs described in the
Project WQMP,
c) That an adequate number of copies of the project's approved final Project WQMP are
available for the future occupiers.
23. Prior to the issuance of certificates for use of occupancy or final signoff by the Public Works
Department, the applicant shall demonstrate to the satisfaction of Public Works, that the
preparer of the WQMP has reviewed the BMP maintenance requirements in Section V of the
WQMP with the responsible person and that a copy of the WQMP has been provided to that
person. A certification letter from the WQMP preparer may be used to satisfy this condition.
24. The project applicant shall maintain all structural, treatment and low iinpact development
BMPs at the frequency specified in the approved WQMP. Upoi� transfer of ownership or
management responsibilities for the projeci site, the applicant shall notify the City of Orange
Public Works Department of the new person(s) or entity responsible for maintenance of the
BMPs.
25. Prior to installation of any fence or gate on the site, the applicant shall demonstrate that any
manual gate secured by a locking device shall have a Knox box with keys inside to the gate's
locking mechanism. The Knox box shall be keyed for Police and Fire access.
26. In conjunction with the operation of the business, all noise levels shall conform to the levels
allowed by the Orange Municipal Code in effect at any given time.
27. In conjunction with the operation of the business the property owner shall be responsible to
maintain the property to a level deemed adequate by the Community Development Director.
This includes, but is not limited to,the storage buildings, front setback landscaping, and gates.
9
ADOPTED this day of , 2016
Teresa"Tita" Smith, Mayor, City of Orange
ATTEST:
Mary E. Murphy, City Clerk, City of Orange
I,MARY E. MURPHY,City Clerk of the City of Orange, California,do hereby certify 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 day of , 2016, by the
following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
Mary E. Murphy, City Clerk, City of Orange
lo
ORDER NO.: 10373868
EXHIBIT"A"
PARCEL A:
THAT PORTION OF THE A.B. CHAPMAN TRACT AS SURVEYED BY FRANK LE COUVREUR IN
1870, IN THE CITY OF ORANGE, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN
ON A MAP FILED IN BOOK 102, PAGE 15 OF MISCELLANEOUS MAPS, INCLUDED WITHIN THE
BOUNDARIES OF THAT CERTAIN STRIP OF LAND, 50 FEET WEDE, DESCRIBED IN THE DEED
TO THE PACIFIC IMPROVEMENT COMPANY, RECORDED JUNE 18, 1888, IN BOOK 454, PAGE
72, OF DEEDS, IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY,
CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF TRACT 4613 AS RECORDED IN BOOK 165,
PAGES 29-31 INCLUSIVE OF MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY;
THENCE S 0° 16' 30" E, 1058.28 FEET ALONG THE WEST BOUNDARY OF SAID TRACT 4613 TO
THE NORTHERLY RIGHT OF WAY LINE OF PALMYRA AVENUE, 60 FOOT WIDE; THENCE S 89°
46' 48" W, 50.00 FEET ALONG SAID NORTHERLY RIGHT OF WAY LINE TO THE EASTERLY
BOUNDARY OF TRACT 4725 AS RECORDED IN BOOK 167, PAGES 37-38 OF MISCELLANEOUS
MAPS, RECORDS OF SAID COUNTY;
THENCE N 0° 16' 30" W, 1058.61 FEET, ALONG SAID EASTERLY BOUNDARY AND THE
EASTERLY BOUNDARIES OF TRACT 6401 AS RECORDED IN BOOK 239, PAGES 3-4 OF
MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY, AND A PARCEL MAP RECORDED IN
BOOK 43, PAGE 7 OF PARCEL MAPS, RECORDS OF SAID COUNTY, TO A POINT ON THE
EASTERLY BOUNDARY OF SAID PARCEL MAP WHICH INTERSECTS WITH THE WESTERLY
PROLONGATION OF THE NORTHERLY LINE OF LOT 16 OF SAID TRACT 4613;
THENCE S 89° 50' 37" E, 50.00 FEET ALONG SAID PROLONGATION TO THE POINT OF
BEGINNING.
SAID PARCEL IS ALSO SHOWN AS PARCEL 2 ON A MAP MARKED EXHIBIT B ATTACHED TO
LOT LINE ADJUSTMENT NO. LL 83-10, RECOP.DED APRIL 15, 1985 AS IRSTRUMENT NO. 85-
132372, OF OFFICIAL RECORDS.
PARCEL B:
THAT PORTION OF PALMYRA AVENUE, AS SHOWN ON THE MAP OF TRACT NO.4613 FILED IN
BOOK 165, PAGES 29 TO 31, INCLUSIVE, OF MISCELLANEOUS MAPS, AND ON THE MAP OF
TRACT NO. 4725 FILED IN BOOK 167, PAGES 37 AND 38 OF MISCELLANEOUS MAPS, LYING
WITHIN THE A.B. CHAPMAN TRACT AS SURVEYED BY FRANK LE COUVREUR IN 1870, IN THE
CITY OF ORANGE, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP
FILED IN BOOK 102, PAGE 15 OF MISCELLANEOUS MAPS, INCLUDED WITHIN THE
BOUNDARIES OF THAT CERTAIN STRIP OF LAND, 50 FEET WIDE, DESCRIBED IN THE DEED
TO THE PACIFIC IMPROVEMENT COMPANY, RECORDED JUNE 18, 1888, IN BOOK 454, PAGE
72, OF DEEDS, IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY,
CALIFORNIA, WHICH UPON ABANDONMENT WOULD PASS WITH A CONVEYANCE OF THE
ABOVE DESCRIBED PARCEL A.
Vicinity Map
Loftus Nursery, located between Craig Drive and Malena Drive
ZC 1278-15, CUP 2975-15, and MNSP 0809-15
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JANUARY 12,2016 CC MTG.
CITY OF ORAI�IGE
COMMUNITY DEVELOPMENT DEPARTMENT
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EXISTING SITE
PHOTOGRAPHS
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b1V'CY
November 2, 2015
TO: Chair Gladson and
Members of the Planning Commission
THRU: Leslie Aranda Roseberry'
Planning Manager
FROM: Chad Ortlieb, Senior Planner �,,, �„
SUBJECT
PUBLIC HEARING: ZC 1278-15, CUP 2975-15, and MNSP 0809-15 —Loftus Nursery, located
between Craig Drive and Malena Drive
SUMMARY
The subject property is currently unzoned former railroad right-of-way located between two residential
tracts. The applicant seeks to establish zoning consistent with the General Plan Land Use designations
for the property and to establish a tree and shrub farm on the southerly portion of the parcel.
�,�COMIVI�NI)ED A��'�'L��N
Adopt Planning Commission Resolution No. PC-34-15 entitled:
A RESOLUTION OF THE PLANNING COMMISSIOI\T RECOMMENDING
1) THAT THE CITY COUNCIL APPROVE ZONE CHANGE 1278-15 FOR
THE ESTABLISHMENT OF R-1-7,R-3,ANI) C-1 ZONING,CONSISTENT
WITH EXISTING GENERAL PLAN LAND USE DESIGNATIONS, FOR
CURRENTLY UNZONED PROPERTY LOCATED SOUTH OF
CHAPMAN AVENUE BETWEEN CRAIG DRIVE ANI� MALENA I)RIVE
AND; 2) THAT THE CITY COUNCIL APPROVE CONDITIONAL USE
PERIVIIT 2975-15, AI�D MI1�10R SITE PI.AlV REVIEW 0809-15 FOI� TI�E
ESTABLISHMEllTT OF A TREE AI�TD �I�RUB FARNI Ol� TI-��
SOUTHERLY PORTION OF THE PROPERTY
AUTHORIZATION/GUIDELINES
Orange Municipal Code (OMC) Sections 17.08.020 and 17.10.020 authorize the Planning
Commission to review and make a recommendation to the City Council on applications for Zone
ATTACHIi��EN'� NO. 5
PC STAFF REPORT DATED
11/2/15 (INCL. DRAFT RESO)
LOFTUS NUa2SERY
Plamling Commission Staff Report
November 2, 2015
Page 2
Changes and all applications associated with the zone change. Pursuant to OMC Section 17.10.020C
"If the matter under consideration is a change of zone and the Planning Commission has
recommended against the adoption of the change of zone, the Council shall not be required to take
any further action on the amendment unless an interested party appeals the matter to the Council
within 15 days of the date of the denial."
PUBLIC NOTICE �
On October 22, 2015,the City sent a Public Hearing Notice to a total of 147 property owners/tenants
within a 300-foot radius of the project site and persons specifically requesting notice. A notice was
published in the Orange City News newspaper on October 21,2015. The project site has been posted
in three locations (one on-site)with the notification on that same date.
ENVIRONMENTAL REVIEW
Final Program Environmental Impact Report(EIR)No. 1815-09 for the Comprehensive General Plan
Update was certified on March 9,2010 and prepared in accordance with the California Environmental
Quality Act(CEQA). The Zone Change is within the scope of the previously approved General Plan
and is adequately analyzed in the previously certified General Plan Program EIR for purposes of
CEQA. Specifically,the General Plan Land Use Element,which includes the General Plan Land Use
map, designates the property as Low Density Residential 2-6 dulac (LDR). The proposed Single
Family Residential, 7,000 SF (R-1-7) zoning implements the existing General Plan designation for
the site.
In accordance with State plaruiing law (Government Code §65860}, the City must establish
consistency between the General Plan and its zoning. Furthermore, Implementation Program I-1 of
the General �'l�:i� Implementation Plan calls for consistency between �eneral Plan alld zoning
designations to be established. Therefore, the General Plan EIR already contemplated and evaluated
the proposed Zone Change and the associated reasonably foreseeable development of the site.
Notwithstanding the above, the project also fall within the guidelines for a Categorical Exemption.
The proposed tree and shrub farm use component of the project is categorically exempt from the
provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines 15303
and 15304, (Class 3 —New Construction of Conversion of Small Structures, and Class 4 — Minor
Alterations to Land) Class 4 exempts projects involving minor alterations to land including grading
and new landscaping. Class 3 exeinpts projects involving construction of new facilities or structures
including construction of up to three single family homes,six apartment units,or a 10,000 square foot
commercial building. The proposed project is exempt because it involves the establishment of
landscape growing grounds (whereby plants and trees are grown onsite and sold in wholesale
quantities to landscapers) and construction of a 200 square foot accessory building. This type and
extent of development falls within the guidelines for both a Class 3 and Class 4 exemption.
Furthermore,the project would not result in significant environmental effects or otherwise trigger the
exceptions to categorical exemptions listed in CEQA Guidelines Section 15300.2. No public review
is required.
Planning Commission Staff Report
November 2,2015
Page 3
PROJECT BACKGROUNI)
_..........................._.__.................................. ._...................................._........._..._._......_...:._..._.._........_..._.............._..___ ......._..__.__...._._._......._._._.._._._.. ............._......._. ._.__....... _......_..._.
;...Ap,plicant:............................................................_..............................._. ; Ed Loftus I
, _._..._.......-......_....................................._.....__._.. _................_.........._...._._.._.............__._...__......_....................._.;
'._Property._Owner.•.............. ... ... .......... ...._ :._Country_Holdings�._LLC....._ ..._........_
......................................._....._................ ...... _:
` Property Location: � Vacant property south of Chapman Avenue between
; ; Crai Drive and Malena Drive APN 094 552 57
_.... ....._........._................................_............................................... _...__........ ......_............_g .... .._. _..........._................._............. .._... ........._�_......._.....___._...............-.............'........._) .... ............ _:
� Existing General Plan ' Low Density Residential2-6 du/ac(LDR), Low
� Land Use Element Designation: Medium Residential 6-15 dulac (LMDR), and General '
: Commercial Max. 1.0 FAR(GC) �
.... . ....................................._._._......_..............._......__............__............_......_...._..._.._.._.__............_._._......_..._..._....__........__...__..__........_._.._.......__.._... __...................._..._..._..._. ..._._....._._.. .......:
� Existing Zoning None/not zoned
� Classification: �
_. ............_....._........._......._........----..._.............._.
........._..........................._.._...._ ...........__..........._...... _....._.........._._..............._._.........___............................._.........................._........._............_... _.
_........_;
; Old Towne: ; No
;........p............f..._.........................._....................._.._......._._......................_._.._.._._......_....._._.._.._._.................__..._._..........._.........._.._.....__.._...........__.._..........._......._................_...........___._............_........_.. ...__........_......_
S eci ac Plan/PC: � None
_.................._......_................. ..._....__......._._._.............................._...._._...,..._..__...........................__........ .........._...._......_.................._.._..._..............._........................_. ...._............._........ . ............_._......_;
� Site Size: ` 1249 acres
:................................................._............................................_......._..........._........_................_....._..._.........:........_........_................._......_.._.._........_._.................._..............................................._........................_......_._............................................__........................_....._............._...._...._....._:
: Circulatzon: ; Access occurs via Palmyra Avenue
: ..............................................._.........._. . ...... .. ._.._....___. ... .._......_................................._........_......_.__........_........__..___..._...._._......._...._._........___..___.._.._...__.__......._.. .._......_........_............_...._.........._......__._........._....._........_.;
' Existing Conditions: ; The site is a former railroad right-of-way. The parcel is ;
; � 50 feet wide and 1,088 feet long. A pipeline easement :
� ...................................... .. _ _._...:..20_feet wide runs the_entire length_of the_property.__......_...........__'
_.............................................._..............._._.__.
, _......_..... --
' Surrounding Land Uses Single family residences exist west, east, and south of ;
; and Zoning: the parcel. A non-zoned continuation of the former
railroad parcel exists to the north adjacent to the
commercially zoned Chapman Avenue corridor.
�............. ....._......__................___........................._........._...._._._.. __. _........___...... .._ _._........_.....__.._ ......_..___._........... .._............._. ........._.... _......__............___...__......_______. .:
; Previous : None
�
: Applications/Entitle�nents.:
PROJECT DESCRIPTION
The applicant proposes to establish zoning consistent with the General Plan Land Use designations
for the property and to establish a tree and shrub farm on the southerly 300 feet of the former railroad
parcel. The bulk of the site, on the southerly end, is proposed to be zoned Single Family Residential,
7,000 s.f. (R-1-7),which is consistent with the surrounding single family residential designations. At
the northerly portion ofthe site,Liinited Business(G1)and Residential Multiple Fainily(R-3)zoning
is proposed to the centerline of the property to match zoning designations on adjacent property. All
proposed zoning mirrors the existing General Plan Land Use designations for the site.
No permanent improvements would be installed on-site due to a 30 foot wide pipeline easement that
runs the length of the property, north to south. A storage building not to exceed 200 square feet and
a chemical toilet would be located about 50 feet back from Palmyra Avenue. Drought tolerant
landscaping would be placed in the 20 foot front yard setback. A fence with gate would be placed 20
feet back from the Palmyra Avenue right-of-way and 500 feet into the property from the Palmyra
Avenue adjacent property line. Growing grounds would occur on the west and east sides of the first
Plaruzing Commission Staff Report
November 2, 2015
Page 4
500 feet of the property and would be divided by a 14-foot wide access drive aisle. No lighting is
proposed on-site.
Site operations would consist of watering,fertilizing,and transport of trees and shrubs grown on-site.
The site would not be open to the public for retail sales. Wholesale sales would be accessory to the
growing and storage of trees and shrubs on-site. Hours of operation would be limited to 7:00 a.m. to
7:00 p.m. daily. Vehicle transport of trees and shrubs to and from the property is not expected to be
frequent. There would be a total of five employees for the business. However, the applicant's
justification letter states that employees are "generally not on site."
This property is not designated in the City's General Plan as a potential future trail segment.
• Development Standards
Re uired Pro osed Code Section
Building Height 32 feet maximum 10 feet or less 17.14.070
Fence height 6 feet maximum for 6 feet maximum. 17.14.180
fences and walls All new fences
outside of the front would be outside of
yard setback. the front yard
setback.
Landscaping(non- All required The front yard 17.12.040
residential) setbacks abutting a setback shall be
public right-of-way landscaped.
shall be
permanently
maintained�vitl�
landscaping.
Loading area (non- Loading zone areas Because the site is a 17.34.160
residential) shall be provided growing grounds
for all new only, is not new _
construction of construction, and is
nonresidential not open to the
projects. public, no loading
zone is required or
provided.
Parking(non- The use does not No paved or striped 17.34.070
residential) accommodate parking spaces are
outdoor sales. foi-�nally provided.
Parking for the use
is not de�ignated in
the Zoning Code.
The parking
requirements for
such use shall be
Planning Commission Staff Report
November 2, 2015
Page 5
determined by the
Cominunity
Development
Director, or in this
case the Planning
Commission.
Setback, Front 20 feet 20 feet 17.14.070
Setback, Rear 10 feet 588.45 feet 17.14.070
Setback, Side 5 feet 5 feet for the shed 17.14.070
(for structures)
APPLICATION(S) REQUESTED/REQUIRED FINDINGS
Zone Chan�e: The applicant is requesting a Zone Change to establish zoning consistent with the
General Plan Land Use designations for the property. The bulk of the site, on the southerly end, is
proposed to be zoned Single Family Residential, 7,000 SF (R-1-7). At the northerly portion of the
site, Limited Business (C-1) and Residential Multiple Family (R-3) zoning is proposed to the
centerline of the property.
Requi�ed Findings: There are no required findings for a Zone Change since it is considered
a legislative action.
Conditional Use Permit: Orange Municipal Code Table 17.14.030 requires a Conditional Use
Permit subject to special provisions in the Single Family Residential, 6,000 square foot(R-1-6) zone
for "tree and shrub farms." The applicant is requesting a Conditional Use Permit to establish a tree
and shrub fai7n on the southerly 300 feet of the former railroad parcel. .
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.
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.
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.
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.
Site Plan l�eviev�: The applicant is requesting Minor Site Plan Review for the overall site layout.
The application trigger is the installation of the shed on the property.
Required Findings:
1. That the project design is compatible with surrounding development and neighborhoods;
Planning Commission Staff Report
November 2, 2015
Page 6
2. That the project conforms to City development standards and any applicable special design
guidelines or specific plan requirements;
3. That the project provides for safe and adequate vehicular and pedestrian circulation, both
on- and off-site;
4. That City services are available and adequate to serve the project;
5. That the project has been designed to fully mitigate or substantially minimize adverse
envirorunental effects.
ANALYSIS/STATEMENT OF THE ISSUES
Issue 1: Easement
A 30 foot wide pipeline easement runs north and south on the 50 foot wide property. Due to the
easement, permanent structures and paving are prohibited on the easterly 30 feet of the property. As
a result, the proposed storage shed is limited to the easterly 20 feet of the property, no paving is
proposed for driveways or parking spaces, and the parcel's use is limited to non-structure-intensive
uses. Hence, a tree and shrub farm may be one of the few possible uses for the property.
Issue 2: Public Access
Public access is not authorized for the site. Condition 6limits the use to growing grounds with only
on-site employees. Trees and shrubs grown for sale would be sold wholesale and transported from
the site in bulk quantities. Orange Municipal Code (OMC) Section 17.14.0301ists "Tree and Shrub
Farm"as a conditionally permitted use. OMC Section 17.14.030 also lists"Commercial Nursery with
Seasonal Sales." However, seasonal sales to the public would trigger needs for paving, disabled
person parking, disabled person access to a restroom, and disabled person path of travel. Therefore,
due to easement const��aizzts,the applican�has chosen to limit the use to a tree and sluub fann�vith no
public access or sales.
Issue 3: Proposed Use/Operational Concerns
The zoning proposed for the bulk of the site and,the whole of the area that is proposed for a tree and
shrub farm, is Single Family Residential, 6,000 square feet (R-1-6). The proposed zoning would be
consistent and seamless to the zoning of the adjacent residential properties on both Malena and Craig
Drives. Tree and shrub farms are Conditionally Permitted Uses subject to performance standards of
Orange Municipal Code Section 17.14.060H., which limits the following:
1. Incidental wholesale sales are permitted; retail sales are not permitted.
2. The only accessory structure pernlitted in conjunction with a tree or sluub fai7n shall be an
equipment storage building,not exceeding two hundred(200) square feet and ten feet in height.
Greenhouses or shade structures used solely for the purpose of sheltering plants may be
permitted subject to minar site plan review.
The proposal is designed to meet both of the above standards. However, due to the potential for
operations of a tree and shrub farm to exceed a residential neighborhood intensity, the use is not
Planning Commission Staff Repoi-t
November 2, 2015
Page 7
allowed by right and a Conditional Use Permit is required so that conditions may be implemented to
ensure that any potential adverse operational characteristics can be compensated for. Tree and shrub
farms can be subject to concerns such as traffic, noise, odors, dust, and glare. A discussion of each
concern is addressed in each paragraph that follows.
The proposed use is not anticipated to generate significant amounts of traffic in that it will take time
to produce mature trees and shrubs in containers on the site. Import and removal of trees and shrubs
would only occur upon the timing of mature growth. Delivery of irrigation and fertilizer supplies is
not anticipated to occur frequently enough to merit traffic concerns because it will likely be delivered
in bulk and be stored on-site. Employee presence on the site would be limited to watering,fertilizing,
and monitoring operations. It is not anticipated that employee trips to and from the site would be
significant given that only five employees are proposed for the business and one or two on-site
employees could accommodate the watering, fertilizing, and monitoring needs of the tree and shrub
farm,which is limited to the 500 southerly feet of the property.
Potential operational noise would be limited to infrequent deliveries of trees, shrubs, and fertilizer to
and from the site. As stated above in the traffic disclosure, tree and shrub deliveries would occur at
a point of mature growth. Employee vehicles on-site are anticipated to be no greater than vehicle
trips to and from a single-family residence. Hence, vehicle noise from employees would not be
anticipated to be significant. Maintenance activities would be limited to watering and fertilizing. It
is not anticipated that the sounds of employee voices would be any greater than use of yards of any
neighboring residential property. The use would need to adhere to the noise standards of OMC
Section 8.24.040 which is as follows:
Noise Level Time Period
Hourly Average 55 dB (A) 7:00 a.m.-10:00 p.m.
�Le9�
50 dB (A) 10:00 p.m.-7:00 a.m.
Maximum Level 70 dB (A) 7:00 a.m.-10:00 p.m.
65 dB (A) 10:00 p.m.7:00 a.m.
Potential odors from the use would be liniited to vehicle exhaust and fertilizer. However, vehicle
trips to and from the site are not anticipated to be routine or more intensive than a single-family
residential use. Fertilizer is anticipated to be stored in the proposed shed, in bags, or under a covered
area,with permission of the Fire Department. Hence the enclosure or covering would be expected to
deter odors from transcending property boundaries. Furthermore, application of fertilizer to potted
trees and shrubs would not necessarily be frequent, occur all at the same time, or be of a variety that
produces odor significant enough to be detected off-site.
�lanning Cominission Staff Report
November 2, 2015
Page 8
Potential dust due to unpaved surfaces is not anticipated to be significant because dust would most
typically be caused by an active use or routine movement of heavy machinery/vehicles, neither of
which are anticipated characteristics of the use within the area requested. Condition 20 is
recommended as a project design feature to require gravel to be placed in the area where employees
will park and along the project drive entrance.
The potential for light glare caused by on-site lighting is removed by the fact that no lighting is
proposed for the site and the hours of operation would be from 7:00 a.m. to 7:00 p.m. Condition 7 is
recommended to limit the hours of operation to those requested.
Issue 4: Parkin� and Loading
The use does not accommodate outdoor retail sales or sales to the general public. Parking
requirements for tree and shrub farms is not designated in the Zoning Code. Therefore, pursuant to
OMC Section 17.34.070,the parking requirements for the use shall be determined by the Community
Development Director,or in this case the Planning Commission. The applicant proposes an informal
employee parking area as shown on the site plan. Staff believes that the parking area designated on
the site plan and absence of a loading zone is sufficient to support the use on this property given that
the use is conditioned, that the site lacks ability to be paved over more than half of its area, that the
use is closed to the public,that the number of employees for the business is limited,that deliveries to
and from the site will be infrequent, that the area of the lot is vast, and that the use is low intensity.
Therefore, rather than requiring a Variance to omit paved parking spaces and drive aisles, parking
space striping,parking space dimensions, and drive aisle widths, staff recommends that the Planning
Commission determine that no formal parking spaces are required for the use. Furthermore, staff
recoinmends that the Planning Commission determine that a formal loading zone is not required for
the use in that OMC Section 17.34.160 only requires loading zones for "...for all new construction
of nonresidential projects..." Thc;proposed tree and sluub farm use of the site is not iiew coz�siructioi�
buc rather the use of a vacan�Iot and the lot has ample area�o acconunodate the infrequez�c deliveries
anticipated to occur.
ADVISORY BOARD RECOMMENDATION
Staff Review Committee:
The Staff Review Committee reviewed the project on September 2, 2015 and recommended that the
project proceed to the Planning Commission for consideration.
Design Review Coinmittee:
Initially, the project included an application designated as Administrative Design Review 0024-15.
However, upon further review of OMC Section 17.10.070, staff has determined that Administrative
or Design Review Committee consideration is not required for the project because the use is not a
development project or remodeling of a site.
Plaruling Commission Staff Report
November 2, 2015
Page 9
ATT'ACHMEl�TTS/EXHIBITS
Attachments to Report:
1. Planning Commission Resolution 34-15
2. Existing Zoning Map
3. Proposed Zoning Map
4. Vicinity Map
5. Site Photos
Exhibits provided to the Planning Commission:
A. Submitted Plans and Exhibits date stamped November 2, 2015
cc: Ed Loftus II John Koos
18311 Villa Drive 1509 Allyson Ct.
Villa Park, CA 92861 Brea, CA 92821
ZONE CHAl�GE 1278-15
� COlo1DITIONAL USE PERMIT 1�T0. 2975-15
1VIINOR SITE PLAl`T 0809-15
RESOLUTION 1�T0. PC 34-15
A RESOLUTION OF THE PLANIVING COMMISSIOl�i
RECOMMENDING 1) THAT THE CITY COUNCIL
APPROVE ZONE CHANGE 1278-15 FOR THE
ESTABLISHMENT OF R-1-7, R-3, AND C-1 ZONING,
CONSISTENT WITH EXISTING GENERAL PLAN LAND
USE DESIGNATIONS, FOR CURRENTLY UNZONED
PROPERTY LOCATED SOUTH OF CHAPMAN AVENUE
BETWEEN S CRAIG DRIVE AND S MALENA DRIVE
AND; 2) THAT THE CITY COUNCIL APPROVE
CONDITIONAL USE PERMIT 2975-15, AND MINOR
SITE PLAN REVIEW 0809-15 FOR THE
ESTABLISHMENT OF A TREE AND SHRUB FARM ON
THE SOUTHERLY PORTION OF THE PROPERTY
APPLICANT: ED LOFTUS II
Moved by Con�unissioner and seconded by Commissioner that
the following resolution be adopted:
WHEREAS,the Planning Commission has authority per Ora�lge Municipal Code Sections
� 17.OS.020 aizd 17.10.020 to ta?ce a�;iion to recommend that t11� �i�y Council �ran� Zone CIZan�,�
1278-15,Conditional Use Pernlit 2975-15, and Minor Site Plan 0809-15,for a tree and shrub farm
on property located south of Chapman Avenue between S Craig Drive and S Malena Drive; and
WHEREAS,Zone Change 1278-15, Conditional Use Permit 2975-15,and Minor Site Plan
0809-15 was filed by Ed Loftus II in accordance with the provisions of the City of Orange
Municipal Code; and
WHEREAS,Zone Change 1278-15, Conditional Use Permit 2975-15,and Minor Site Plan
0809-15 is for a tree and shrub fai-�n on property located south of Chapmaiz Avenue between S.
Craig Drive and S. Malena Drive; and
WHEREAS Zone Change 127�-15, Conditional Use Pennit 2975-15, and Minor Site Plan
0809-15 was processed in the time and manner prescribed by state and local law; and
WHEREAS, the project site is not zoned which, is not consistent with the General Plan
Land Use Element Low Density Residential 2-6 du/ac(LDR),Low Medium Residential 6-15 dulac
(LMDR), and General Commercial Max. 1.0 FAR (GC) designations for the site and, in
accordance with State planning law (Government Code §65860), the Citv must establish
ATTACHMENT NO. 1
PLANNING COMMISSIOl�
RESOLUTION 34-15
�,OFTIJS 1�1UR�ElZY
Planning Commission Resolution No. 34-15
Page 2
consistency between the General Plan and its zoning. Furthermore, Implementation Program I-1
of the General Plan Implementation Plan calls for consistency between General Plan and zoning
designations to be established. Therefore, the General Plan EIR already contemplated and
evaluated the proposed Zone Change and the associated reasonably foreseeable development of
the site; and
WHEREAS, Zone Change 1278-15 is covered by Final Program Environmental Impact
Report(EIR)No. 1815-09 for the Comprehensive General Plan Update that was certified on March
9, 2010 and prepared in accordance with the California Environmental Quality Act(CEQA). The
Zone Change is within the scope of the previously approved General Plan and is adequately
analyzed in the previously certified General Plan Program EIR for purposes of CEQA.
Specifically,the General Plan Land Use Element,which includes the General Plan Land Use map,
designates the property as Low Density Residential 2-6 dulac(LDR). Th'e proposed Single Family
Residential, 7,000 s.f. (R-1-7) zoning implements the existing General Plan designation for the
site; and
WHEREAS,Notwithstanding the above, Conditional Use Permit 2975-15,and Minor Site
Plan 0809-15 fall within the guidelines for a Categorical Exemption pursuant to the provisions of
the California Environmental Quality Act per State CEQA Guidelines Sections 15303 and 15304,
(Class 3 —New Construction of Conversion of Small Structures, and Class 4—Minor Alterations
to Land). Class 4 exempts projects involving minor alterations to land including grading and new
landscaping. Class 3 exempts projects involving construction of new facilities or structures
including construction of up to three single family homes, six apartment units, or a 10,000 square
foot commercial building. The proposed project is exempt because it involves the establishment
of landscape growing grounds (whereby plants and trees are grown onsite and sold in wholesale
quantities to landscapers) and construction of a 200 square foot accessory building. This type and
extent of development falls within the guidelines for both a Class 3 and Class 4 exemption.
Furthermore,the project would not result in signific�nt environmental effects or otlierwise trigaer
the exceptions to cate�orical exen��tions lis���d�z�.�'EQ� �uidelines Sectietz ?�3t�0.2; and
WHEREAS,Staff from interested departments reviewed the project on September 2,2015,
deemed the application complete, and recommend that the project proceed to the Planning
Commission; and
WHEREAS, the Planning Commission conducted one duly advertised public hearing on
November 2, 2015, at which time interested persons had an opportunity to testify either in support
of, or opposition to, the proposal and for the purpose of considering Zone Change 1278-15,
Conditional Use Permit 2975-1�, and Minor Site Plan 0809-15 upon property described in Exhibit
A as attached hereto; and
NOW, THEREFORE, BE IT RESOLVED that the Plaruiing Commission recommends that the
City Council approve Zone Change 1278-15, Conditional Use Permit 2975-15, and Minor Site
Plan 0809-15 for a tree and shrub farm located south of Chapman Avenue between S Craig Drive
and S Malena Drive,based on the following findings:
SECTION 1 —I+'INDINGS
Planning Conunission Resolution No. 34-15
Page 3
General Plan Required I+indings:
1. The project�nust be consistent with the goals and policies stated within the City's General
Plan.
The project is compliant with the General Plan Land Use Element in that:
• It establishes zoning that is consistent with the General Plan Land Use
Designations.
� Existing rear yard walls of adjacent residences combined with the limited hours
of operation and low intensity of the tree and shrub farm use will minimize
effects of the use on the privacy and character of surrounding neighborhoods
and take advantage of existing wall buffering to improve compatibility.
• The addition of project landscaping along the Palmyra Avenue streetscape will
enhance the community street scene.
• The project has solicited public involvement in the land use planning decision
through advertised public hearings before the Planning Commission and,
subsequently to the City Council.
The Project is compliant with the General Plan Natural Resources Element iti that:
• The front yard landscaping proposed minimizes the amount of water used for
landscaping through the use of native and drought-tolerant plants, proper soil
preparation, and efficient ii�igation systems. Furthermore,the trees and sluubs
to be grown on-site are anticipated to meet the needs of the wholesale landscape
markef which, has been trending toward drought-tolerant species for
development projects needing to meet Section 65595 of the Government Code.
• The project miniinizes the amount of impervious surfaces for the site by only
including a shed no greater than 200 square feet. Therefore,any potential urban
runoff pollutants from any source point running through the site would be
limited due to the continued pervious nature of the site.
The project is compliant with the General Plan Public Safety Element in that:
• The addition of fencing and gating on the site will deter unauthorized access
and, while employees are on-site, natural surveillance will be enhanced.
The project is compliant with the General Plan Noise Element in that:
� Potential excessive noise levels have been evaluated. Potential operational
noise would be limited to infrequent deliveries of trees, shrubs, and fertilizer to
and from the site. Tree and shrub deliveries would occur at a point of mature
growth. Hence, operations causing noise would not be frequent. Employee
vehicles on-site are anticipated to be no greater than vehicle trips to and from a
single-family residence. Hence, vehicle noise from employees would not be
Planning Coinmission Resolution No. 34-15
Page 4
anticipated to be significant. Maintenance activities would be limited to
watering and fertilizing which, are not noise intensive operations. It is not
anticipated that the sounds of employee voices would be any greater than use
of yards of any neighboring residential property. The use would need to adhere
to the noise standards of OMC Section 8.24.040
• Conflicts with adjacent residential uses would be limited in that hours of
operations and deliveries are limited to 7:00 a.m. to 7:00 p.m.
The project is compliant with the General Plan Economic Development Element in that:
• The project contributes to the City goal to have a diversified base of land uses.
Zone Change Findings:
There are no required findings for a Zone Change since it is considered a legislative action.
Conditional Use Permit Required Findings:
1. A Conditional Use PeNmit shall be granted upon sound principles of land use and in
response to services required by the community.
The Conditional Use Permit demonstrates sound principles of land use in that:
The proposed use is not anticipated to generate significant amounts of traffic in that it will
take time to produce mature trees and shrubs in containers on the site. Import and removal
of trees and sluubs would only occw upon the timing of mature growth. Delivery of
irrigation and fertilizer supplies is not anticipated to occur frequently enougl� to merit
traFfic concert��Lecause it will lil.ely be deli��c-r:�d in bulk and be stored on-sit�;. Employee
presence on the site would be limited to watering, fertilizing, and monitoring operations.
It is not anticipated that employee trips to and from the site would be significant given that
only five employees are proposed for the business and one or two on-site employees could
accommodate the watering, fertilizing, and monitoring needs of the tree and shrub farm,
which is limited to the 500 southerly feet of the property.
Potential operational noise would be limited to infrequent deliveries of trees, shrubs, and
fertilizer to and from the site. As stated above in the traffic disclosure, tree and shrub
deliveries would occur at a point of mature growth. Employee vehicles on-site are
anticipated to be no greater than vehicle trips to and from a single-family residence. Hence,
vehicle noise from employees would not be anticipated to be significant. Maintenance
activities would be limited to watering and fertilizing. It is not anticipated that flle sounds
of employee voices would be any greater than use of yards of any neighboring residential
property, especially given that noise attenuation would be obtained by the rear yard walls
of adjacent residential property. The use would need to adhere to the noise standards of
OMC Section 8.24.040.
Planning Commission Resolution No. 34-15
Page 5
Potential odors from the use would be limited to vehicle exhaust and fertilizer. However,
vehicle trips to and from the site are not anticipated to be routine or more intensive than a
single-family residential use. Fertilizer is anticipated to be stored in the proposed shed, in
bags,or under a covered area,with permission of the Fire Department. Hence the enclosure
or covering would be expected to deter odors from transcending property boundaries.
Furthermore, application of fertilizer to potted trees and shrubs would not necessarily be
frequent,occur all at the same time,or be of a variety that produces odor significant enough
to be detected off-site.
Potential dust due to unpaved surfaces is not anticipated to be significant because dust
would most typically be caused by an active use or routine movement of heavy
machinery/vehicles, neither of which are anticipated characteristics of the use within the
area requested. Condition 20 is included as a project design feature to require gravel to be
placed in the area where employees will park and along the project drive entrance.
The potential for light glare caused by on-site lighting is removed by the fact that no
lighting is proposed for the site and the hours of operation would be from 7:00 a.m. to 7:00
p.m. Condition 7limits the hours of operation to those requested.
The applicant proposes an informal employee parking area as shown on the site plan and
� does not include a formal loading zone. The parking and ability to accommodate loading
and unloading on site is sufficient to support the use on this property given that the use is
conditioned, the site lacks ability to be paved over more than half of its area, the use is
closed to the public,the number of employees for the business is limited, deliveries to and
from the site will be infrequent, the area of the lot is vast, and the use is low intensity. No
formal parking spaces are required for the use. Furthermore, staff recommends that the
Planning Commission determine that a formal loading zone is not required for the use in
that OMC Section 17.34.160 only requires loading zones for "...fo� all new coi�struction
of noiuesidential projects..." Tl�e��roposed tree and shrub far�_��1,;e of tiie site is not new
construction but rather the use of a vacant lot and the lot has ample area to accommodate
the infrequent deliveries anticipated to occur.
Furthermore, the project demonstrates sound principles of land use as evidenced in the
General Plan consistency finding.
The tree and shrub farm provides a service required by the community in that landscaping
changes or dies and drought tolerant planting is desirable. The tree and shrub farm provides
a landscape commodity for wholesalers to purchase and plant in the community which,
accomplishes water conservation and aesthetic improvements for the community.
2. A Conditional Use Permit shall not be gr�anted if it will cause dete�ioration of bordering
land uses or create special problems for the area in which it is located.
As stated in the above finding no deterioration or special problems of any significance are
anticipated with regard to traffic, noise, odors, dust, and glare. No other potential sources
of deterioration or problems have been identified. As stated in the General Plan
consistency finding, the project may improve the area via the landscaped front setback of
Planning Commission Resolution No.34-15
Page 6
the property, the gating at two points along the property, and the natural surveillance that
will occur during operations.
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.
There is no community or neighborhood plan for the area. The General Plan is the plan for
both the City and the area. The General Plan consistency finding demonstrates the project's
compatibility for the area. Specifically, the project is anticipated to assume a subdued
neighborhood profile given the low intensity operational characteristics of the project
which include a low number of employees,restricted operational hours, limited area of lot
use, prohibition of public sales, single-family residential use traffic volume, infrequent
deliveries, and lack of routine use of hauling machinery. Noise from watering and
maintenance is not anticipated to exceed residential standards and the operations must
comply with OMC Section 8.24.040.
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.
Conditions provided for the project are intended to preserve the general welfare to the
benefit of the community and the City as a whole. Specific conditions address hours of
operation,use of gravel on unpaved areas where vehicles will travel or park,use of the site
exclusively by employees, prohibition of public sales, and limitation of the area of use of
the parcel.
IVIinor Site Pl�n Review Required Findings:
1. That the project desigrz is compatible tivith surrourzcling c.levelopment c�nd neighbot�hocc?s;
The General Plan consistency finding coupled with the Conditional Use Permit findings
demonstrate that the project design is compatible with surrounding development and
neighborhoods.
2. That the project conforms to City development standards and any applicable special design
guidelines or specific plan requirements;
With approval of the Zone Change and Conditional Use Permit, the project complies with
City development standards as evidenced in the Development Standards table of the staff
report. There are no special design guidelines or specific plan applicable to the site.
3. That the project provides for safe and adequate vehiculaN and pedestrian circulation, both
on- and off-site;
The site is not open to the public. The site will only need to accommodate a maximum of
5 employees of which, only one or two are expected to be on site routinely at a time. The
site has adequate entry off of Palmyra Avenue and adequate on site circulation to support
the tree and shrub farm use.
Plaiming Coirunission Resolution No.34-15
Page 7
4. That City services are available and adequate to se�ve the pYoject;
The site only requires water and minor electrical service. Both services are able to connect
to the property from Palmyra Avenue.
S. That the pNoject has been designed to fully mitigate o� substantially minimize adveYse
environmental effects.
As stated in Conditional Use Permit finding number 1, no significant impacts are
anticipated by the project. Project design features combined with project conditions are
expected to ensure that low-intensity use of the site occurs in a manner that is not disruptive
to the neighborhood.
SECTION 2—ENVIRONMENTAL REVIEW
Final Program Environmental Impact Report (EIR) No. 1815-09 for the Comprehensive General
Plan Update was certified on March 9, 2410 and prepared in accordance with the California
Environmental Quality Act (CEQA). The Zone Change is within the scope of the previously
approved General Plan and is adequately analyzed in the previously certified General Plan
Program EIR for purposes of CEQA. Specifically, the General Plan Land Use Element, which
includes the General Plan Land Use map, designates the property as Low Density Residential2-6
dulac (LDR). The proposed Single Family Residential, 7,000 s.f. (R-1-7) zoning implements the
existing General Plan designation for the site.
In accordance with State planning law (Goveinment Code §65860), the City must establish
consistency between the General Plan and its zoning. Furthermore, Implementation Program I-1
of the General Plan Implementation Plan calls for consistency between General Plan and zoning
designations to be establisiied. Therefore, th� General �'lan EIR already contemplated and
evaluated the proposed Zone Change and the associated reasonably foreseeable development of
the site.
Notwithstanding the above, the project also falls within the guidelines for a Categorical
Exemption. The proposed tree and shrub fartn use component of the project is categorically
exempt from the provisions of the California Environmental Quality Act(CEQA)per State CEQA
Guidelines 15303 and 15304,(Class 3 —New Construction of Conversion of Small Structures,and
Class 4—Minor Alterations to Land) Class 4 exempts projects involving minor alter��.tions to land
including grading and new landscaping. Class 3 exempts projects involving construction of new
facilities or structures including construction of up to tluee single family homes, six apartment
units, or a 10,000 square foot commercial building. The proposed project is exempt because it
involves the establishment of landscape growing grounds (whereby plants and trees are grown
onsite and sold in wholesale quantities to landscapers) and construction of a 200 square foot
accessory building. This type and extent of development falls within the guidelines for both a Class
3 and Class 4 exemption. Furthermore, the project would not result in significant environmental
effects or otherwise trigger the exceptions to categorical exemptions listed in CEQA Guidelines
Section 153002. No public review is required.
Planning Commission Resolution No. 34-15
Page 8
SECTION 3—CONDITIONS OF APPROVAI.
BE IT FURTHER RESOLVED that the following conditions are to be imposed with approval:
General
1. The project shall conform in substance and be maintained in general conformance with
plans and exhibits date stamped November 2, 2015, including any modifications
required by conditions of approval,and as approved by the Planning Commission. Any
future expansion in area or in the nature and operation of the use approved by
Conditional Use Permit 2975-15 shall require an application for a new or amended
Conditional Use Permit.
2. 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 permits, save and except that caused by the
City's active negligence. The City shall promptly notify the applicant of any such
claim, action, or proceedings and shall cooperate fully in the defense.
3. 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 will be cause for
revocation of this permit.
4. Any modifications to the plans including,but not limited to,the landscaping as a result
of other Department requirements such as Building Codes,water quality,Fire,or Police
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 Planning Commission.
5. Except as otherwise 13rovic�ed herein, this project is �?I�praved as a precise plan. Fiftcr
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 plan, the Community Development Director may
approve the changed plan without requiring a new public hearing.
6. Conditional Use Permit 2975-15 liinits the use of the site plan designated area of the
property exclusively as a shrub and tree farm with no public sales.
7. The permitted use of the property, including deliveries, and any construction activity
in preparation of the use, sliall be limited to the hours be�ween 7:00 a.m. and 7:00 p.ni.
t,_�s-i-�< <�o-�T�a•co�stra�czi:on activity-a,vi��l-b�permitted on Sundays and Federal holidays.
8. Any graffiti on-site,and including adjacent property line walls,shall be removed within
72 hours from the time the City of Orange Notice of Violation is received by the
applicant/property owner.
Planning Commission Resolution No.34-15
Page 9
9. The informal parking area designated for employees on the site plan shall remain on
site in perpetuity of the tree and shrub farm use. The minimum area dimension reserved
for parking shall be forty by 20 feet.
10. In conjunction with the operation of the business, should parking issues arise on the
site or the surrounding neighborhood in association with the use, the applicant shall
work with the Community Development Department to resolve any issues. If such
issues are not resolved to the City's satisfaction, the Conditional Use Permit shall be
presented to the Planning Commission for their consideration of further conditions,
modifications or revocation.
11. Prior to initiation of the use or issuance of a business license,the applicant shall provide
a plan, acceptable to the Director of Public Works or their designee, that demonstrates
the method that green waste and refuse will be removed from the site.
12. No lighting may be permitted or installed on-site.
13. The applicant shall not allow odors to emit from the chemical toilet facility shown on
the site plan. If odors are identified, the applicant shall work with the Community
Development Department to implement a plan to resolve any issues. If such issues are
not resolved to the City's satisfaction,the Conditional Use Permit shall be presented to
the Planning Commission for their consideration of further conditions, modifications
or revocation.
14. The applicant shall be responsible for any repairs to any property perimeter walls
demonstrated, to the satisfaction of the Community Development Director or his/her
designee, to be damaged by on site operations.
15. The applicant shall be responsible for resolving any improvement encroachments onto
the property and its associated easements. Costs associated with enfarcing the removal
of improvement encroachments into easenients shall be the responsibility of the
applicant.
16. Any signage proposed for the site shall comply with Orange Municipal Code Section
17.36.110C.1. and a building permit shall be obtained for the sign. Fence, wall, and
banner signs are not permitted. Addressing shall be included on any proposed sign to
the satisfaction of the Building and Safety Division, Police Department, Crime
Prevention Division, and Fire Department.
17. Prior to business license issuance, landscaping shall be installed on-site to match
approved plans. Landscape irrigation must demonstrate the project complies with the
City's Water Efficient Landscape Guidelines as described in Section IX et al of the
City of Orange Landscape Standards and Specifications.
18. No mulch or manure piles are authorized on-site without Comiliunity Development�nd
Fire Department approval.
19. Prior to business license issuance, rumble strips shall be placed within 20 feet of the
Palmyra Avenue entrance/exit.
20. Prior to business license issuance,gravel shall be placed over the area that the approved
site plan designates as "temp. employee parking area" and over the drive aisle leading
. to the parking area.
Planning Commission Resolution No.34-15
Page 10
21. Prior to the issuance of any permits the applicant shall submit a Non-Priority Water
Quality Management Plan (NP-WQMP) to the Public Works Department for review
and approval
22. Prior to the issuance of certificates for use of occupancy, the applicant shall
demonstrate the following to the Public Works Department:
a) That all structural and treatment control best management practices (BMPs)
described in the Project WQMP have been constructed and installed in
conformance with the approved plans and specifications,
b) That the applicant is prepared to implement all non-structural BMPs described in
the Project WQMP,
c) That an adequate number of copies of the project's approved final Project WQMP
are available for the future occupiers.
23. Prior to the issuance of certificates for use of occupancy or final signoff by the Public
Works Department,the applicant shall demonstrate to the satisfaction of Public Works,
that the preparer of the WQMP has reviewed the BMP maintenance requirements in
Section V of the WQMP with the responsible person and that a copy of the WQMP has
been provided to that person. A certification letter from the WQMP preparer may be
used to satisfy this condition.
24. The project applicant shall maintain all structural, treatment and low impact
development BMPs at the frequency specified in the approved WQMP. Upon transfer
of ownership or management responsibilities for the project site, the applicant shall
notify the City of Orange Public Works Department of the new person(s) or entity
responsible for maintenance of the BMPs. �
25. Prior to installation of any fence or gate on the site,the applicant shall demonstrate that
any manual gat� secured by a locking device shall have a Knox box with keys inside
fQ the gate's locking mechai�isn2. The KnoY box shall Lc ?�eyed for Police and Fire
access.
26. In conjunction with the operation of the business, all noise levels shall conform to the
levels allowed by the Orange Municipal Code in effect at any given time.
27. In conjunction with the operation of the business the property owner shall be
responsible to maintain the property to a level deemed adequate by the Community
Development Director. This includes, but is not limited to,the storage buildings, front
setback landscaping, and gates.
Planning Commission Resolution No. 34-15
Page 11
In addition to the above conditions,procedural conditions approved by the Planning Commission
are contained in Attachment"A"to this resolution.
I hereby certify that the foregoing resolution was adopted on November 2, 2015, by the Planning
Commission of the City of Orange by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Adrienne Gladson, Planning Commission Chair
Date
Planning Commission Resolution No.34-15
Page 12
ATTACgIMENT A
PROCEDURAL CONDITIOl�T�
1. Conditional Use Permit 2975-15 and Minor Site Plan 0809-15 shall become void if not
vested within two years from the date of approval. Time extensions may be granted
for up to one year,pursuant to OMC Section 17.08.060.
2. Building permits shall be obtained for all construction work, as required by the City of
Orange, Community Development Department's Building Division. Failure to obtain
the required building permits may be cause for revocation of this entitlement.
3. 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
4. Prior to issuance of a business license,the applicant shall pay any outstanding monies
due to the City of Orange for Planning Division entitlement activities related to this
project.
5. The term"applicant"shall refer to the entity that requests approval of this action or any
successor in interest to this approval.
6. Prior to building perinit issuance for airy on-site improvements and/or placement of a
storage building on-site, the Police Department, Crime Prevention Division shall
approve construction documents that show that all structures comply with the
requirements of OMC Chapter 15.52(Building Security Standards)E�vhich includes,but
� is not limited to: Iiardware, door�, windows, a�zc� lighting. ����cifications, deiails, or
security notes may be used to convey compliance.
7. Plans submitted for Building Plan Check shall comply with the California Fire Code as
amended by the City and as frequently amended and in effect at the time of application
for Building Permit.
8. Prior to issuance of a business license, building permit, or conducting work in the
public right-of-way, an Encroachment Permit shall be obtained to establish water
service to the site
9. If the applicant requests any new public water construction such as but not limited to a
water service or any modifications to existing public water facilities, then an
iinprovement plan is required to be submitted directly to the wate�•division for review
and approval.
10. Prior to the issuance of a business license or building permit,the applicant shall submit
a water improvement plan to the water division for any new required fire hydrants,
domestic water services,fire suppression services,landscape services,and or any other
proposed improvements or relocations affecting the public water system appurtenances
Planning Cotninission Resolution No.34-15
Page 13
for review and approval. The applicant shall be responsible for the costs associated
with the proposed improvements.
1 l. Prior to approval of the water improvement plan, the applicant shall satisfy all water
main connection, plan check, and inspection charges as determined by the water
division.
12. All hot taps required on existing city mains to provide water service to any lot, parcel
or subdivision shall be performed by city crews at the developer's expense in
accordance with the fee schedule established by resolution of the city council.
13. Prior to the issuance of a business license or building permit, construction documents
shall show that the installation of new water mains and new supply lines in the vicinity
of pipelines conveying sewage, storm drainage and or hazardous fluids is done per the
water division's standard number 113 and as approved by the water division.
14. Prior to the issuance of a business license or building permit, the water division shall
approve the type and location of the back flow prevention devices for all services.
15. Prior to the issuance of a business license, building permit, or encroachment permit,
the applicant shall prepare an improvement plan for any public improvements, and
submit the plans for review and approval with the Public Works Department. All
applicable plan check and permit fees shall be paid by the applicant, as established at
the time the plan is submitted.
���r� ���r��� i��d���
�C�1�1Dg'�'�Ol��.ITSE I'E121V�I'T 1��. �9�5�1�
. . 10�II�TOIZ�I�E PR,Al�0�09-1� �
12ESOI,TJT'IOI�T I�TO.PC 34-1�
A RESOLIJTIOlV OF THE PI,A1�11vIl�G COMNiISSI01�
RECOMMENDING 1) THA'I' THE CI'TY COUNCIL
APPROVE Z01�1E CH�tGE 127�-15 FOR THE
ESTABLISHMENT OF R-1-7, It-3, r�ND C-1 ZOI�TII�TG,
CONSISTENT WITH EXISTING GENERAL PLAN LAND
USE DESIGNATIONS, FOR CURR�NTLY UNZONED
PROPERTY LOCATED SOUTH OF CHAPMAN AVENUE �
BETWEEN S CRAIG DRIVE AND S MALENA DRIVE
AND; 2) THAT THE CITY COUNCIL APPROVE
CONDITIONAL USE PERMIT 2975-15, AND MINOR
SITE PLAN REVIEW 0809-15 FOR THE
ESTABLISHMENT OF A TREE AND SHRUB FARM ON
THE SOUTHERLY PORTION OF THE PROPERTY
APPLICANT: ED LOFTUS II
Moved by Comrnissioner Correa and seconded by Commissioner Gladson that the following
resolution be adopted:
WHEREAS,the Planning Commission has autharity per Orange Municipal�ode Sections
17.08.020 and 17.10.020 to take action to recoznnzend that the City Council gz-atii Zone Changc
127�-15,Conditional Use Permif 2975-15,and Minor Site Plan 0809-15,for a tree and shrub farm
on property Iocated south of Chapman Avenue between S Craig Drive and S Malena Drive; and
WHEREAS,Zone Change 1278-15, Conditional Use Permit 2975-15,and Minor Site Plan
0809-15 was filed by Ed Loftus II in accordance with the provisions of the City of Orange
Municipal Code; and
WHEREAS,Zone Change 1278-15, Conditional Use Permit 2975-15,and Minor Site Plan
0809-15 is for a tree and shrub farm on property located south of Chapman Avenue between S.
Craig Drive and S. Malena Drive; and
WHEREAS Zone Change 1278-15, Conditional Use Permit 2975-15, and Minor Site Plan
0809-15 was processed in the time and manner prescribed by state and local law; and
WHEREAS, the project site is not zoned which, is not consistent with the General Plan
Land Use Element Low Density Residential2-6 du/ac(LDR),Low Medium Residential6-15 du/ac
(LMDR), and General Commercial Max. 1.0 FAR (GC) designations for the site. and, in
accordance with State planning law (Government Code §65860), tlie City must establish
ATTACHMENT NO. 6
PC RESOLUTION 34-15
LOFTUS NURSERY
T 1 ATTT A 7]�7 ��l �1l11� !''!` l�iiT!`
�'lanning Commission Resolution No.34-15
Fage 2 �
co��sistency betwee�l the �eneral i'lan and its zoning. I'urthennore, Implemeiita�ion Frogram I-1
of the General Plan Implementation Plan calls for consistency between General Plan and zoning
designations to be established. Therefore, the. General Plan EIR already contemplated and
evaluated the proposed Zone Change and the associated reasonably foreseeable development of
the site; and
WHEREAS, Zone Change 1278-15 is covered by Final Program Environmental Impact
Report(EIR)No. 1815-09 for the Comprehensive General Plan Update that was certified on March
9,2010 and prepared in accordance with the California Environmental Quality Act(CEQA). The
Zone Change is within the scope of the previously approved General Plan and is adequately
analyzed in the previously certified General Plan Program EIR for purposes of CEQA.
Specifically,the General Plan Land Use Element,which includes the General Plan Land Use map,
designates the property as Low Density Residential2-6 dulac(LDR): The proposed Single Family
Residential, 7,000 s.f. (R-1-7) zoning implements the existing General Plan designation for the
site; and
WHEREAS,Notwithstanding the above,Conditional Use Permit 2975-15,and Minor Site
Plan 0809-15 fall within the guidelines for a Categorical Exemption pursuant to the provisions of
the California Environmental Quality Act per State CEQA Guidelines Sections 15303 and 15304,
(Class 3 —New Construction of Conversion of Small Structures, and Class 4—Minor Alterations
to Land). Class 4 exempts projects involving minor alterations to land including grading and new
landscaping. Class 3 exempts projects involving construction of new facilities or structures
including construction of up to three single family homes, six apartment units, or a 10,000 square
foot commercial building. The proposed project is exempt because it involves the establishment
of landscape growing grounds (whereby plants and trees are grown onsite and sold in wholesale
quantities to landscapers) and construction of a 200 square foot accessory building. This type and
extent of development falls within the guidelines for both a Class 3 and Class 4 exemption.
Furthei-niore, the project would not result in significant environmental effects or otherwise trigger
the exce��tions to categorical exeml��:cns listed in CEQA Guideli}��.s �ectioiz 15300.2; and
WHEREAS,Staff from interested departments reviewed the project on September 2,2015,
deemed the application complete, and recommend that the project proceed to the Planning
Commission; and
WHEREAS, the Planning Commission conducted one duly advertised public hearing on
November 2, 2015, at which time interested persons had an opportunity to testify either in support
of, or opposition to, the proposal and for the purpose of considering Zone Change 1278-15,
Conditional Use Permit 2975-15,and Minor Site Plan 0809-15 upon prropei-�y described in Exhibit
A as attached hereto; and �
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission recommends that the
City Council approve Zone Change 1278-15, Conditional Use Perniit 2975-15, and Minor Site
Plan 0809-15 for a tree and shrub farm located south of Chapman Avenue between S Craig Drive
and S Malena Drive,based on the following findings:
Planning Commission Resolution No.34-15
�'age 3
���c���r�� -���r�lr���
���ace��l Pla� ��quir�d�+'gffidi�a��:
1. The project must be consistent with the goals and policies stated within the City's General
Plan.
The project is compliant with the General Plan Land Use Element in that:
� It establishes zoning that is consistent with the General Plan Land Use
Designations.
� Existing rear yard walls of adjacent residences combined with the limited hours
of operation and low intensity of the tree and shrub farm use will minimize
effects of the use on the privacy and character of surrounding neighborhoods
and take advantage of existing wall buffering to improve compatibility.
• The addition of project landscaping along the Palmyra Avenue streetscape will
enhance the community street scene.
� The project has solicited public involvement in the land use planning decision
� through advertised public hearings before the Planning Commission and,
subsequently to the City Council.
The Project is compliant with the General Plan Natural Resources Element in that:
� The front yard landscaping proposed minimizes the amount of water used for
landscaping through the use of native and drought-tolerant plants, proper soil
preparation,and efficient irrigation systems. Furtheimore,the trees and shrubs
to be gro�vn on-site are anticipated to Tiieet the needs of the wholesalc landscape
��arkec which, has been tr�:r2di��� toward drought-toler�n� speeies far
development projects needing to meet Section 65595 of the Government Code.
� The project minimizes the amount of impervious surfaces for the site by only
including a shed no greater than 200 square feet. Therefore,any potential urban
runoff pollutants from any source point running through the site would be
limited due to the continued pervious nature of the site.
The project is compliant with the General Plan Public Safety Element in that:
� The addition of fencing and gating on the site will deter unauthorized access
and,while employees are on-site,natural surveillance will be enhanced.
The project is compliant with the General Plan Noise Element in that:
� Potential excessive noise levels have been evaluated. Potential operational
noise would be limited to infrequent deliveries of trees,shrubs,and fertilizer to
and from the site. Tree and shrub deliveries would occur at a point of mature
growth. Hence, operations causing noise would not be frequent. Employee
vehicles on-site are anticipated to be no greater than vehicle trips to and from a
Planning Commission Resolution No. 34-15
Page 4
single-family residence. Hence, vehicle noise froin employees would ilot be
anticipated to be significant. Maintenance activities would be limited to
watering and fertilizing which, are not noise intensive operations. It is not
anticipated that the sounds of employee voices would be any greater than use
of yards of any neighboring residential property. The use would need to adhere
to the noise standards of OMC Section 8.24.040
� Conflicts with adjacent residential uses would be limited in that hours of
operations and deliveries are limited to 7:00 a.m.to 7:00 p.m.
The project is compliant with the General Plan Economic Development Element in that:
� The project contributes to the City goal to have a diversified base of land uses.
Zone Change I+'indings:
There are no required findings for a Zone Change since it is considered a legislative action.
Conditional Use Permit Required Findings:
1. A Conditional Use Pe�mit shall be g�anted u�on sound principles of land use and in
response to se�vices�equired by the community.
The Conditional Use Permit demonstrates sound principles of land use in that:
The proposed use is not anticipated to generate significant amounts of traffic in that it will
take time to produce mature trees and sl�rubs in containers on the site. Import and removal
of trees and shrubs would only occur upon the timing of mature growth. Delivery of
ii-�igati�n and fertilizer supplies is not anticipated to occur frequently enough to merit
trafi�c concerns because it wil�lii_e1y tie delivered in bulk ancl be sto�ed on-site. Employee
presence on the site would be limited to watering, fe��ilizulg, and nlonitoring opErations.
It is not anticipated that employee trips to and from the site would be significant given that
only five employees are proposed for the business and one or two on-site employees could
accommodate the watering, fertilizing, and monitoring needs of the tree and shrub farm,
which is limited to the 500 southerly feet of the property.
Potential operational noise would be limited to infrequent deliveries of trees, shrubs, and
fertilizer to and from the site. As stated above in the traffic disclosure, tree and shrub
deliveries would occur at a point of mature growth. Employee vehicles on-site are
anticipated to be no greater than vehicle trips to and froin a single-family residence. Hence,
vehicle noise from employees would not be anticipated to be significant. Maintenance
activities would be limited to watering and fertilizing. It is not anticipated that the sounds
of employee voices would be any greater than use of yards of any neighboring residential
property, especially given that noise attenuation would be obtained by the rear yard walls
of adjacent residential property. The use would need to adhere to the noise standards of
OMC Section 8.24.040.
Planning Commission Resolution No.3�!-15
Page 5
�otential odors from the use would be limited to vehicle exhaust and fertilizer. I-�ov✓ever,
vehicle trips to and from the site are not anticipated to be routine or more intensive than a
� single-family residential use. Fertilizer is anticipated to be stored in the proposed shed, in
bags,or under a covered axea,with permission of the Fire Department. Hence the enclosure
or covering would be expected to deter odors from transcending property boundaries.
Furthermore, application of fertilizer to potted trees and shrubs would not necessarily be
frequent,occur all at the same time,or be of a variety that produces odor significant enough
to be detected off-site.
Potential dust due to unpaved surfaces is not anticipated to be significant because dust
would most typically be caused by an active use or routine movement of heavy
machinery/vehicles, neither of which are anticipated characteristics of the use within the
axea requested. Condition 20 is included as a project design feature to require gravel to be
placed in the area where employees will park and along the project drive entrance.
The.potential for light glare caused by on-site lighting is removed by the fact that no
lighting is proposed for the site and the hours of operation would be from 7:00 a.m.to 7:00
p.m. Condition 7 limits the hours of operation to those requested.
The applicant proposes an informal employee parking area as shown on the site plan and
does not include a formal loading zone. The parking and ability to accommodate loading
and unloading on site is sufficient to support the use on this property given that the use is
conditioned, the site lacks ability to be paved over more than half of its area, the use is
closed to the public,the number of employees for the business is limited, deliveries to and
from the site will be infrequent,the area of the lot is vast, and the use is low intensity. No
formal parking spaces are required for the use. Fui-thei-more, staff recommends that the
Planning Commission determine that a formal loading zone is not required for the use in
that OMC Section 1734�.160 only reqitires loading zoz.es for "...for all new construction
of noiuesidential p�aj�;cis..." The proposed tree ai�c� sl�rub fai7n t�se of the site is n��new
construction but rather the use of a vacaiit lot and the loi�has ample area to accommadate
the infrequent deliveries anticipated to occur.
Furthermore, the project demonstrates sound principles of land use as evidenced in the
General Plan consistency fmding.
The tree and sluub farm provides a service required by the community in that landscaping
changes or dies and drought tolerant planting is desirable. The tree and shrub farm provides
a landscape commodity for wholesalers to purchase and plant in the community which,
accomplishes water conservation and aesthetic improvements for the community.
2. A Conditional Use Permit shall not be granted if it will cause deterioration of borde3�ing
land uses or create special problems for the area in which it is located.
As stated in the above finding no deterioration or special problems of any significance are
anticipated with regard to traffic, noise, odors, dust, and glaxe. No other potential sources
of deterioration or problems have been identified. As stated in the General Plan
consistency finding, the project may improve the area via the landscaped front setback of
Planning Commission Resolution No.34-15
Page 6
the property,the gating at two poiilts along the�roperty, and the natural surveilZa�lce i11at
will occur during operations.
3. A Conditional Use Permit must be conside�ed in relationship to its effect on the cornmunity
or neighborhood plan for the area in which it is located.
There is no community or neighborhood plan for the area. The General Plan is the plan for
both the City and the area. The General Plan consistency finding demonstrates the proj ect's
compatibility for the area. Specifically, the project is anticipated to assume a subdued
neighborhood profile given the low intensity operational characteristics of the project
which include a low number of employees,restricted operational hours,limited area of lot
use, prohibition of public sales, single-family residential use traffic volume, irifrequent
deliveries, and lack of routine use of hauling machinery. Noise from watering and
maintenance is not anticipated to exceed residential standards and the operations must
comply with OMC Section 8.24.040.
4. A Conditional Use Permit, if granted, shall be rnade subject to those conditions necessary
to preserve the general welfare, not the individual welfare of any particular applicant.
Conditions provided for the project are intended to preserve the general welfare to the
benefit of the community and the Ciiy as a whole. Specific conditions address hours of
operation,use of gravel on unpaved areas where vehicles will travel or park,use of the site
exclusively by employees, prohibition of public sales, and limitation of the area of use of
the parcel.
1Vlanor Site Plaaa Iteview itequir�d Findings:
1. That the pr•oject design is compatible witya sur�ounding developnzent and raeighboNhoods;
The General Plan consisfency finding coupled with tlie Conditional Use Pern7it findings
demonstrate that the project design is compatible with surrounding development and
neighborhoods.
2. That the project conforms to City development standards and any applicable special design
guidelines or specific plan requirements;
With approval of the Zone Change and Conditional Use Permit,the project complies with
City development standards as evidenced in the Development Standards table of the staff
report. There are no special design guidelines or specific plan applicable to the site.
3. That the project p�ovides for safe and adequate vehicular and pedestrian circulation, both
on-and off-site;
The site is not open to the public. The site will only need to accommodate a maximum of
5 employees of which, only one or two are expected to be on site routinely at a time. The
site has adequate entry off of Palmyra Avenue and adequate on site circulation to support
the tree and shrub farm use.
Planning�onunission Resolution No.34-15
Page 7
4. That City services are available and adequate to serve the project;
The site only requires water and minor electrical service. Both services are able to connect
to the property from Palmyra Avenue.
S. That the project has been designed to fully mitigate o� substantially minirr2ize adverse
environnzental effects.
As stated in Conditional Use Permit finding number 1, no significant impacts are
anticipated by the project. Project design features combined with project conditions are
expected to ensure that low-intensity use of the site occurs in a manner that is not disruptive
to the neighborhood.
SECTIOlv 2—ENVIRONME1vTAI.RE�IEW
Final Program Environmental Impact Report (EIR)No. 1815-09 for the Comprehensive General
Plan Update was certified on March 9, 2010 and prepared in accordance with the California
Environmental Quality Act (CEQA). The Zone Change is within the scope of the previously
approved General Plan and is adequately analyzed in the previously certified General Plan
Program EIR for purposes of CEQA. Specifically, the General Plan Land Use Element, which
includes the General Plan Land Use map,designates the property as Low Density Residential2-6
du/ac (LDR). The proposed Single Family Residential, 7,000 s.f. (R-1-7)zoning implements the
existing General Plan designation for the site.
In accordance with State planning law (Government Code §65860), the City must establish
consistency between the General Plan and its zoning. Furthermore, Implementation Progratn I-1
of the General Plan Implementation Plan calls for consistency betwcen General Plan and zoning
desi�z��tions to be establishecl_. Therefore, the General Plar.. EIR already contemplatcc'. �.���c'_
evaluatec� the propased Zone Change and the associated reasonably foreseeable development of
• the site.
Notwithstanding the above, the project also falls within the guidelines for a Categorical
Exemption. The proposed tree and shrub farm use component of the project is categorically
exempt from the provisions of the California Environmental Quality Act(CEQA)per State CEQA
Guidelines 15303 and 15304, (Class 3—New Construction of Conversion of Small Structures,and
Class 4—Minor Alterations to Land) Class 4 exempts projects involving minor alterations to land
including grading and new landscaping. Class 3 exempts projects involving construction of new
facilities or structures including construction of up to three single family homes, six apartment
units, or a 10,000 square foot commercial building. The proposed project is exempt because it
involves the establishment of landscape growing grounds (whereby plants and trees are grown
onsite and sold in wholesale quantities to landscapers) and construction of a 200 squaxe foot
accessory building.This type and extent of development falls within the guidelines for both a Class
3 and Class 4 exemption. Furthermore, the project would not result in significant environmental
effects or otherwise trigger the exceptions to categorical exemptions listed in CEQA Guidelines
Section 15300.2. No public review is required.
i lanning Commission Resolution No.34-15
Page 8
���C'�g����— cC�l��ITg�N� ��'A��'��VAIL
BE ZT FURTHER RESOLVED that the following conditions are to be imposed with approval:
��neral
1. The project shall conform in substance and be maintained in general conformance with
plans and exhibits date stamped November 2, 2015, including any modifications
required by conditions of approval,and as approved by the Planning Commission. Any
futuxe expansion in area or in the nature and operation of the use approved by
Conditional Use Permit 2975-15 shall require an application for a new or amended
Conditional Use Pernut.
2. 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 permits, save and except that caused by the
City's active negligence. The City shall promptly notify the applicant of any such
claim,action,or proceedings and shall cooperate fully in the defense.
3. 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 will be cause for
revocation of this permit.
4. Any modifications to the plans including,but not limited to,the landscaping as a result
of other Department requirements such as Building Codes,water quality,Fire,or Police
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 Planning Commission.
5. Excep�as otllerwis�providec�r herein, this p�oject is approved as a precise plan. After
any applicatior�has been ap�roved, if changes are propos�d 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 plan, the Community Development Director may
approve the changed plan without requiring a new public hearing.
6. Conditional Use Permit 2975-15 limits the use of the site plan designated area of the
property exclusively as a shrub and tree farm with no public sales.
� 7. The permitted use of the property, including deliveries, and any construction activity
in preparation of the use, shall be limited to the hours between 7:00 a.m. and 7:00 p.m.
with no activity permitted on Sundays and Federal holidays.
8. Any graffiti on-site,and including adjacent property line walls,shall be removed within
72 hours from the time the City of Orange Notice of Violation is received by the
applicant/property owner.
Plamling Coimnission l�esolution No.34-15
Page 9
� 9. The infarmal parking area designated for employees on the site plaiz shall remain an
site in perpetuity of the tree and shrub farm use. The minimum area dimension reserved
for parking shall be forty by 20 feet.
10. In conjunction with the operation of the business, should parking issues arise on the
site or the surrounding neighborhood in association with the use, the applicant shall
work with the Community Development Department to resolve any issues. If such
issues are not resolved to the City's satisfaction, the Conditional Use Permit shall be
presented to the Planning`Commission for their consideration of further conditions,
modifications or revocation.
11. Prior to initiation of the use or issuance of a business license,the applicant shall provide
a plan, acceptable to the Director of Public Works or their designee,that demonstrates
the method that green waste and refuse will be removed from the site.
12.No lighting may be permitted or installed on-site.
13. The applicant shall not allow odors to emit from the chemical toilet facility shown on
the site plan. If odors are identified, the applicant shall work with the Community
Development Department to implement a plan to resolve any issues. If such issues are
not resolved to the City's satisfaction,the Conditional Use Permit shall be presented to
the Planning Commission for their consideration of further conditions, modifications
or revocation.
14. The applicant shall be responsible for any repairs to any property perimeter walls
demonstrated, to the satisfaction of the Community Development Director or his/her
designee,to be damaged by on site operations.
15. The applicant shall be responsible for resolving any improvement encroachments onto
the property and its associated easements. Costs associated with enforcing tlze removal
of improvement encroachments into easements shall be the responsibility of the
applicant. �
16. Any signage praposed for the site shall comply with Orange Municipal Code Section
17.36.110C.1. and a building permit shall be obtained for the sign. Fence, wall, and
banner signs are not permitted. Addressing shall be included on any proposed sign to
the satisfaction of the Building and Safety Division,Police Department, Crime
Prevention Division, and Fire Department.
17.Prior to business license issuance, landscaping shall be installed on-site to match
approved plans. Landscape irrigation must demonstrate the project complies with the
City's Water Efficient Landscape Guidelines as described in Section IX et al of the
City of Orange Landscape Standards and Specifications.
18.No mulch or manure piles are authorized on-site without Community Development and
Fire Department approval.
19.Prior to business license issuance, rumble strips shall be placed within 20 feet of the
Palmyra Avenue entrance/exit.
20. Prior to business license issuance,gravel shall be placed over the area that the approved
site plan designates as "temp. employee parking area"and over the drive aisle leading
to the parking area.
Plamiing Commission Resolution No.34-15
Page 10
21. Prio� to the issuance of any permits ihe applicant s1�a11 subnlit a Non-�riority �Jater
Quality Management Plan (NP-WQMP) to the Public Worlcs I)epartment for review
and approval
22. Prior to the issuance of certificates for use of occupancy, the applicant shall
demonstrate the following to the Public Worlcs Department:
a) That all structural and treatment control best management practices (SMPs)
described in the Project WQMP have been constructed and installed in
conformance with the approved plans and specifications,
b) That the applicant is prepared to implement a11 non-structural BMPs described in
the Project WQMP,
c) That an adequate number of copies of the project's approved final Project WQMP
are available for the future occupiers.
23.Prior to the issuance of certificates for use of occupancy or final signoff by the Public
Works Department,the applicant shall demonstrate to the satisfaction of Public Works,
that the preparer of the WQMP has reviewed the BMP maintenance requirements in
Section V of the WQMP with the responsible person and that a copy of the WQMP has
been provided to that person. A certification letter from the WQMP preparer may be
used to satisfy this condition.
24. The project applicant shall maintain all struciural, treatment and low impact
development BMPs at the frequency specified in the approved WQMP. Upon transfer
of ownership or management responsibilities for the project site, the applicant shall
notify the City of Orange Public Works Department of tlle new person(s) or entity
responsible for maintenance of the SMPs.
25. Prior to installation of any fence or gate on the site,the applicant slzall demonstrate that
any manual gate sect�red by a locking device shall have a Kno�.box with keys inside
to the gate's loci�i��� mec�ianisn,. The Kno« b�:_ shall be keye�l for Policc ,�zi� Fir�
access.
26.In conjunction with the operation of the business, all noise levels shall conform to the
levels allowed by the Orange Municipal Code in effect at any given time.
27. In conjunction with the operation of the business the property owner shall be
responsible to maintain the property to a level deemed adequate by the Community
Development Director. This includes,but is not limited to,the storage buildings,front
setback landscaping, and gates.
Planning Coirunission Resolution No.34-15
Page 11
In additiQn to the above conditions,procedural conditioils approved by the Planizing Corrunissioil
are contained in Attachment"A"to this resolution.
I hereby certify that the foregoing resolution was adopted on November 2, 2015, by the Planning
Commission of the City of Orange by the following vote:
AYES: Commissioners Gladson, Correa, Willits, Glasgow and Simpson
NOES: None
ABSENT: None
ABSTAIN: None
� �
G�l.��w��° �, ,,. • C�c�-�n--
Adrienne Gladson, lanning Commission Chair
��- /� - / S�
Date
Planning�ommission Resolution No. 34-15
Fage 12 .
�TTL����`�L�
P12�CEI)dJ�I�I.C�l�I'g'��I��
1. Conditional Use Permit 2975-15 and Minor Site Plan 0809-15 shall become void if not
vested within two years from the date of approval. Time extensions may be granted
for up to one year,pursuant to OMC Section 17.0�.060.
2. Building permits shall be obfained for all construction work,as required by the City of
Orange, Community Development Department's Building Division. Failure to obtain
the required building permits may be cause for revocation of this entitlement.
3. 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.
4. Prior to issuance of a business license, the applicant shall pay any outstanding monies
due to the City of Orange for Planning Division entitlement activities related to this
project.
5. The term"applicant"shall refer to the entity that requests approval of this action or any
' successor in interest to this approval.
6. Prior to building permit issuance for any on-site improvements and/or placement of a
storage building on-site, the Police Department, Crime Prevention Division shall
approve construction documents that show that all structures comply with the
requirements of OMC Chapter 15.52(Building Security�tandards)which includes,bu�
is not lii�iifed to: ha�ci_���are, doors, wii�dows, and 1_i�1�si��_Q. Specificaiions, details, c�•
security notes may be used to convey campliance.
7. Plans submitted for Building Plan Check shall comply with the California Fire Code as
amended by the City and as frequently amend�d and in effect at the time of application
for Building Permit.
8. Prior to issuance of a business license, building permit, or conducting work in the
public right-of-way, an Encroachment Peimit shall be obtained to establish water
service to the site
9. If the applicant requests any new public water construction such as but not limited to a
water service or any modifications to existing public water facilities, then an
improvement plan is required to be submitted directly to the water division for review
and approval.
10.Prior to the issuance of a business license or building permit,the applicant shall submit
a water improvement plan to the water division for any new required fire hydrants,
domestic water services,fire suppression services,landscape services, and or any other
proposed improvements or relocations affecting the public water system appurtenances
Planning Commission Resolution No.34-15
Page 13
for review and approval. The applicant shall be responsible for the casts associated_
with the proposed improvements.
11. Prior to approval of the water improvement plan, the applicant shall satisfy all water
main connection, plan check, and inspection charges as determined by the water
division.
12. All hot taps required on existing city mains to provide water service to any lot, parcel
or subdivision shall be performed by city crews at the developer's expense in
accordance with the fee schedule established by resolution of the city council.
13. Prior to the issuance of a business license or building permit, construction documents
shall show that the installation of new water mains and new supply lines in the vicinity
of pipelines conveying sewage, storm drainage and or hazardous fluids is done per the
water division's standard number 113 and as approved by the water division.
14. Prior to the issuance of a business license or building permit, the water division shall
approve the type and location of the back flow prevention devices for all services.
15. Prior to the issuance of a business license, building permit, or encroachment permit,
the applicant shall prepare an improvement plan for any public improvements, and
submit the plans for review and approval with the Public Works Department. All
applicable plan check and permit fees shall be paid by the applicant, as established at
the time the plan is submitted.
Planning Commission November 2,2015
__ _ _ _ -- __ _ -_._-_ ____ _.. _ _._ _:-_ �.._.. _-- ----- -, - - ,
��
....._.. : " "_". ...:_: ._..:_.. . ..... . .... ..,._ .. _.�.. ._ ._. .�.... ._ ._._. ...._ ._. _ ._ . .. .. ... �... :......._.
3. NEW HEARINGS:
3.1 ZONE CHANGE 1278-15; CONDITIONAL USE PERMIT NO. 2975-15; AND
MINOR SITE PLAN REVIEW NO. 0809-15—LOFTUS NURSERY
The applicant seeks to establish zoning consistent with the General Plan Land Use
designations for the property to establish a tree and shrub farm on the southerly portion of
the parcel. The subject property is a currently unzoned former railroad right-of-way
located between two residential tracts.
LOCATION: Between Craig Drive & Malena Avenue
NOTE: Final Program Environmental Impact Report No. 1815-09 for the
Comprehensive General Plan Update was certified on March 9,
2010 and prepared in accordance with the California Environmental
Quality Act (CEQA). The Zone Change is within the scope of the
previously approved General Plan and is adequately analyzed in the
previously certified General Plan Program EIR for purposes of
CEQA. Specifically, the General Plan Land Use Element, which
includes the General Plan Land Use map, designates the property as
Low Density Residential 2-6 du/ac (LDR). The proposed Single
Family Residential, 7,000 SF (R-1-7) zoning implements the
existing General Plan designation for the site.
RE�OMMENDE�ACTION:
Adopt Plarming Commission Resolution 3�!-15 recommending (1)
that the City Council approve the zoize cliaiige for the establishmen�
of R-1-7, R-3 and C-1 zoning, consistent with existing General Plan
Land Use designations for a currently unzoned property and (2) that
the City Council approve Conditional Use Permit 2975-15 and
Minor Site Plan 0809-15 for the establishment of a tree and sluub
farm.
Discussion: Chad Ortlieb, Senior Planner, presented a project overview consistent with
the staff report. He explained the issues related to the project which included the
easement; public access; proposed use and operational concerns; and parking and
loading as detailed in the staff report.
The Commission had questions for staff regarding future public sales on the site; any
farm equipment being used; future residential development; the passive entrance on the
southerly portion of the property; any comments received from the neighbors; and the
delivery and pickup schedule of the trucks.
John Koos, representing Loftus Nursery, thanked Mr. Ortlieb for his hard work and
diligence on the staff report. He clarified that the only reason for the zone change was
3 ATTACHMENT NO.7
PC MEETING MINUTES
DATED 11/2/15
LOFTUSNURSERY
Planning Commission November 2, 2015 1
-.,.,__ --_ _ ,,., _, , , .__ __ __.. __�- - ----- - - -- ,
because the property currently has no zoning. He explained that a postcard about the
project was mailed to each adjacent single family home. They did receive a couple of
responses and Mr. Loftus met with them. The applicarit agreed with all the conditions in
the staff report; explained how the frontage of the property would be cleaned up and they
would add drought tolerant plants; and security fencing would be installed.
The Commission questioned the applicant about the number of trees and bushes being
stored on the property; who would deliver the plants; if the site was strictly for storage;
and what would be the maximum height of the trees.
Public Hearing was opened.
The following persons spoke in opposition to the project citing concern with the height
of the trees and the structures; with the zone change and would it pave the way for
homes to be built in the easement; that it was inconsistent with the neighborhood; the
street frontage on Palmyra provided no space for commercial deliveries; that there was
not enough on-site parking for loading and unloading of the trees; the weight of the tree
boxes would require large equipment to move them; vehicles and heavy equipment
would cause noise and emit carbon pollution onto the adjacent residences; that the
operation hours would be from 7:00 a.m. - 7:00 p.m. 7 days a week; there would be an
impact on the property values; there could be drainage onto adjacent properties; there
could be poisons which would be in the soil and airborne; the stacks of wood would
create a fire hazard and attract rodents; future property owners and uses when the
property was sold; and security concerns for adjacent residences.
Kirk Norton
Paul Santaniello
Richard Hess
Dawn Schmidt
Steve Crouch
Seyed Allaeddini
Mr. Koos returned to address the issues raised by the neighbors. He explained that they
had reached out to the residents prior to the meeting; that the conditions of approval do
mitigate many of the issues raised; the height of the trees could be limited by the
Planning Commission; and future development options for the site would be a challenge
as far as property uses.
Ed Loftus, property owner, discussed the tree heights and box sizes; noise issues; hours
of operation; drainage; loading and unloading of trucks and truck sizes; and security.
The Commission questioned Mr. Loftus about airborne fertilizer particulates; maximum
amount of trees on the property; what kind of equipment would be used to move trees;
how often would plants be moved to and from the property;the propose of rumble strips;
whether other properties he owned were next to residential properties; and the noise
from the backup horns.
4
Planning Commission November 2,2015 l
�
The Commission questioned sta�f about the condition related to the hours of operation.
Mr. Ortlieb stated the hours were 7:00 a.m.-7:00 p.m. with no construction activity
allowed on Sundays and Federal holidays but the condition did not address other activity
on the property on those days.
The Commission asked what could be developed on the property. Mr. Ortlieb cited the
uses listed in the zoning code. Ms. Roseberry explained that the configuration of the site
would make it difficult to develop.
Public Hearing was closed.
The Commission thought there were enough conditions that addressed the issues and this
would be the best use for the property. Also the Zone Change and the CUP were
appropriate and were in compliance with the General Plan. The Commission wanted a
condition which would restrict the hours of all activity on Sundays and Federal holidays.
Motion was made to adopt Planning Commission Resolution 34-15 recommending
that the City Council approve Zone Change 1278-15 for the establishment of R-1-7,
R-3, and C1 Zoning, consistent with existing General Plan Land Use Designations,
for currently unzoned property located south of Chapman Avenue between Craig
Drive and Malena Drive and; that the City Council approve Conditional Use
Permit 2975-15, and Minor Site Plan Review 0809-15 for the establishment of a tree
and shrub farm on the southerly portion of the property with the last sentence on
Condition No. 7 amended as follows:
1. I+�o aEtivity will be permittecl on S�andays an�l Federal�Ioliday�.
M�T��T�: Commissioner Corre�.
SECOND: Commissioner Gladson
AYES: Commissioners Correa, Gladson, Glasgow, Simpson,and Willits
NOES: None
ABSENT: None
MOTION CARRIED
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PLAf�f�II�G AND IRRIGATION PLANS u��xerRoacntturocaam�cxr �
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NOT�E USE�ON/M'OifIER W02K
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� N ORAI`;G[, C/1 DISGiEPANCI'9i41 OE�7Wpli TO
�� Tele phone: (909)593-4158 7�pnEfllpH OF POYnI NX ai
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Email: royaloakdesig��verizon.net jry��ryORK.�TO COAIMFNGEMENi OF �
Chad Ortlieb
From: Karin Shannon <karinshannon@sbcglobal.net>
Sent: Monday, December 28, 2015 11:16 AM
To: Chad Ortlieb
Subject: railroad project Craig/Malena
Mr. Ortlieb,
I would like to go on record to once more state that I find it despicable that the city of Orange uses this abuse of
power to overrule what the adjacent residents voiced in a majority. We are not in favor of the proposed changes
and with that I wonder why I financially support your office.
How do you all sleep at night by forcing this invasion on us who have resided here, for some of us, for
decades?
Shame on you!
Karin Shannon
ATTACHMENT NO. 8
PUBLIC COMMENTS
LOFTUS NURSERY
1 JANUARY 16, 2016 CC MTG.