06-19-17 CUP Modular Bldg & Admin Offices 749 N. Poplar Street
TO: Chair Glasgow and
Members of the Planning Commission
THRU: Anna Pehoushek
Assistant Community Development Director
FROM: Vidal F. Márquez
Assistant Planner
SUBJECT
PUBLIC HEARING: Conditional Use Permit (CUP) No. 3038-17, Administrative Design Review
(ADR) No. 0067-17, and Minor Site Plan Review (MNSP) No. 0877-16– J&M Concrete Contractors,
749 N. Poplar Street
SUMMARY
The applicant is proposing to occupy a tenant space and two modular buildings for administrative
office in excess of 25% of the total gross floor area in the Industrial Manufacturing (M-2) zone.
RECOMMENDED ACTION
Adopt Planning Commission Resolution No. PC 16-17 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ORANGE APPROVING CONDITIONAL USE
PERMIT NO. 3038-17, ADMINISTRATIVE DESIGN REVIEW
NO. 0067-17 AND MINOR SITE PLAN REVIEW NO. 0877-16
PERMITTING TWO MODULAR BUILDINGS AND
ALLOWING ADMINISTRATIVE OFFICE IN EXCESS OF 25%
OF THE TOTAL GROSS FLOOR AREA IN THE INDUSTRIAL
MANUFACTURING (M-2) ZONE LOCATED AT 749 N.
POPLAR STREET
Planning Commission
Agenda Item
June 19, 2017
Planning Commission Staff Report
CUP No. 3038-17, ADR 0067-17, MNSP 0877-16 J&M Concrete
June 19, 2017
Page 2
AUTHORIZATION/GUIDELINES
Orange Municipal Code (OMC) Section 17.20.030 and Table 17.08.020 authorize the Planning
Commission to review and take action on Conditional Use Permits for administrative offices in excess
of 25% of the total gross floor area in the Industrial Manufacturing (M-2) zone.
PUBLIC NOTICE
On June 9, 2017, the City sent a Public Hearing Notice to a total of 75 property owners and occupants
within a 300-foot radius of the project site. The project site was also posted in two locations with
notification on that same date.
ENVIRONMENTAL REVIEW
Categorical Exemption: The proposed project is categorically exempt from the provisions of the
California Environmental Quality Act (CEQA) per State CEQA Guidelines 15303 (Class 3 - New
Construction or Conversion of Small Structures) because it consists of the construction of a new,
small structure (< 10,000 SF in urbanized area) zoned for such use, not involving the significant use
of hazardous substances, where all necessary public services are available and where the area is not
environmentally sensitive. There is no environmental public review required for a Categorical
Exemption.
PROJECT BACKGROUND
Applicant: Michael Barth, J&M Concrete Contractors
Property Owner: Michael Barth
Property Location: 749 N. Poplar Street
Existing General Plan
Land Use Element designation:
Light Industrial (LI)
Existing Zoning
Classification:
Industrial Manufacturing (M-2)
Old Towne: No
Specific Plan/PC: No
Site Size: 189,534 square feet (4.35 acres on two parcels)
Circulation: One existing ingress/egress driveway located at the end of
North Poplar Street cul-de-sac, which is a collector street
with an ultimate right-of-way of 66 feet.
Existing conditions: A single story 44,372 sq. ft. industrial development
consisting of a concrete tilt-up building with 77 parking
stalls.
Planning Commission Staff Report
CUP No. 3038-17, ADR 0067-17, MNSP 0877-16 J&M Concrete
June 19, 2017
Page 3
Surrounding land uses
and Zoning:
The site is surrounded by M-1 zoned properties on the west
and M-2 on the north, east and south sides of the parcels.
Previous Applications/Entitlements: None.
PROJECT DESCRIPTION
The applicant ‘J&M Concrete Contractors’ (J&M) currently occupies administrative offices
consisting of 3,862 sq. ft. of the 44,372 sq. ft. industrial building and two modular buildings 5,856
sq. ft. in size located to the south of the industrial building. The primary warehouse and manufacturing
area (40,510 sq. ft.) of the building is no longer utilized and will be occupied by future tenant, Caliber
Collision, for an automotive body repair and painting facility. Through a building permit required for
tenant improvements to the modular buildings, it came to staff’s attention that the modulars had been
installed approximately 5 years ago without City approval. During the review, staff determined the
allowed administrative office exceeds 25% of the business gross floor area and a conditional use
permit was required.
The subject site is located at the end of the cul-de-sac along Poplar Street, north of Orangewood
Avenue. Industrial uses are permitted by right in the M-2 zoning district with administrative offices
not exceeding 25% of the business gross floor area. The subject site was developed in 1977 with a
44,372 sq. ft. concrete tilt-up building, front yard landscaping and 70 on-site parking stalls.
Development Standards
The following table provides the development standards for the industrial zoning district as set forth
in OMC Section 17.20 for the permitting of two modular buildings 5,856 sq. ft. in size located to the
south of the existing industrial building.
Requirement Proposed Code Section
Building Height Maximum of 45 feet.
Additional building height may
be permitted provided the
building is setback from the
nearest property line a distance
equal to the height of the
building, or with a Conditional
Use Permit
14 feet Table 17.20.080,
and
17.18.080(a), (b)
Fence height May exceed 6 feet outside of
front yard setback and when side
yard is not adjacent to a public
street.
5 foot chain link fence on
west, north, and east
property lines; 5 foot
chain link fence with
gate access along west
17.20.100.B and
C
Planning Commission Staff Report
CUP No. 3038-17, ADR 0067-17, MNSP 0877-16 J&M Concrete
June 19, 2017
Page 4
and south building
frontage
Floor Area Ratio
(FAR)
Maximum 1.0 .26 General Plan
Land Use
Element
Landscaping
Front – 20 feet when adjacent
to an arterial street
Combined Parking Areas:
10%
N/A - existing
N/A - existing
Table 17.20.090
17.34.130.H
Parking
3 spaces per
service bay.
4 spaces/1,000
sq. ft. office
72 spaces 77 existing spaces
Table
17.34.060.B
Setback, Front
along Poplar
Street
20 feet 170 feet
Table 17.20.090
Setback, Rear
(along rail road
right-of-way)
0 feet
219 feet Table 17.20.090
Setback, Interior
Side
0 feet
216 feet –west side
191 feet – east side
77 feet – south side
Table 17.20.090
APPLICATION(S) REQUESTED/REQUIRED FINDINGS
Conditional Use Permit: The applicant is proposing to occupy 9,718 sq. ft. administrative office
space in excess of 25% of the gross floor area in an M-2 zone.
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.
Planning Commission Staff Report
CUP No. 3038-17, ADR 0067-17, MNSP 0877-16 J&M Concrete
June 19, 2017
Page 5
ANALYSIS/STATEMENT OF THE ISSUES
Issue 1: Use of Property
The applicant, J&M will occupy 3,862 sq. ft. of the 44,372 sq. ft. industrial building and two modular
buildings 5,856 sq. ft. in size located to the south of the industrial building. The proposed
administrative office gross floor area of 100% would exceed the maximum 25% allowed as a
permitted use in the M-2 zone, therefore a Conditional Use Permit is requested. Even though the
administrative office request exceeds 25% allowed for J&M, the total office gross floor area for the
entire site is 19%. Approval of such a request would not result in transforming the industrial property
into a professional office environment due to the nature of the business as the headquarters for the
concrete contractor and for modular buildings supporting additional office and storage space. The
majority of the overall property would be utilized for auto body activity. The proposed hours of
operation are Monday through Friday 8:00 AM to 5:00 PM. There will be twenty employees on site.
The applicant’s letter of explanation is included in Attachment 3 of this report.
Issue 2: Parking
Based on the uses located at the subject site the current parking requirement is 72 parking spaces. The
subject site contains a total of 77 parking spaces. The proposal requires 39 parking spaces for its
administrative office use and the total required number of parking spaces would not increase. This
would leave the site overparked by 5 spaces.
Despite the higher proportion of administrative office use at the property, the site will maintain its
industrial character, and will not diminish the integrity of the City’s M -2 zone. Staff does not
anticipate that approval of the applicant’s request will result in negatively impacting the surrounding
industrial uses, because other businesses surrounding the property include industrial manufacturing,
warehouse, equipment suppliers and general product storage businesses and the parking required by
the proposed administrative office use is provided for on the subject property.
ADVISORY BOARD RECOMMENDATION
Streamlined, Multi-Disciplined, Accelerated Review Team:
The Streamlined, Multi-Disciplined, Accelerated Review Team (SMART) considered the project on
September 23, 2016, March 22, 2017, and on May 10, 2017 recommended approval of the project
subject to conditions, all of which are listed herein.
Community Development Director:
The Community Development Director has reviewed the design of the project in accordance with the
Administrative Design Review process set forth in Section 17.10.070.E. of the OMC. He has
determined that the building design is compatible and appropriate for the site and industrial district
Planning Commission Staff Report
CUP No. 3038-17, ADR 0067-17, MNSP 0877-16 J&M Concrete
June 19, 2017
Page 6
and considered the general criteria set forth in OMC Section 17.10.070.E. and the findings as required
in OMC Section 17.10.070.G.3.
ATTACHMENTS/EXHIBITS
Attachments to Report:
1. Planning Commission Resolution PC 16-17
2. Vicinity Map
3. Applicant Letter of Justification and Photos
Exhibits provided to the Planning Commission:
A. Site and Floor Plan received May 8, 2017
CC: Michael Leonard Barth
J&M Concrete Contractors
749 N. Poplar Street
Orange, CA 92868
mbarth@jmcontractors.com
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