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RES-10913 Tree & Shrub Farm EstablishmentRESOLUTION NO. 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 DRIVE AND MALENA DRIVE. APPLICANT: ED LOFTUS II Moved by Councilmember Mark Murphy and seconded by Councilmember Fred Whitaker 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 WHEREAS, 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 17.08.020 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 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 Minor 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 Plan Required Findings: 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. Reso No. 10913 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: A Conditional Use Permit 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 Reso No. 10913 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, 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 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 Reso No. 10913 4 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 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. Reso No. 10913 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 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 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 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 or substantially minimize adverse 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 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 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 Reso No. 10913 6 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 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 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 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. Reso No. 10913 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 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 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 17.36.110C.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. Reso No. 10913 8 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 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 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. 28. The operation shall be moved to the north as much as necessary within the confines of the site limits to allow the loading and unloading of the trucks on -site rather than on Palmyra Ave. The amount of adjustment shall be subject to the discretion of staff on the final site plan. Reso No. 10913 ADOPTED this 12th day of January 2016. Teresa . Smith, Mayor, City of Orange ATTEST: Mary E. ity Clerk, C' ange 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 12th day of January 2016, by the following vote: AYES:COUNCILMEMBERS:Alvarez, Whitaker, Smith, Murphy NOES:COUNCILMEMBERS:None ABSENT:COUNCILMEMBERS:Nichols ABSTAIN:COUNCILMEMBERS:None Mary E. City Clerk, Gi4 of Orange Reso No. 10913 10 ATTACHMENT "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, 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. Reso No. 10913 11