RES-10060 Conditional Use Permit Approval for Used Car Sales BusinessRESOLUTION NO. 10060
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE APPROVING CONDITIONAL
USE PERMIT NO. 2540-05, VARIANCE NO.
2151-05,MINOR SITE PLAN REVIEW NO.
0408-05 AND DESIGN REVIEW
COMMITTEE NO. 4031-05,ESTABLISHING A
USED CAR SALES BUSINESS,
INCLUDING RELATED SITE IMPROVEMENTS AND DEVIATIONS FROM
THE CITY'S SIGN REGULATIONS AT
THE PROPERTY LOCATED AT
1935 EAST CHAPMAN
AVENUE APPLICANT:
CRAIG MILLER-MILLER AUTOSPORTS WHEREAS, Orange Municipal Code (OMe) Section 17.18.030
lists the Permitted US(Types within connnercial districts and Used Car Sales (with no
service facility) require th(approval of a Conditional Use Permit within the C2 - General
Business District; and WHEREAS, OMC Section 17.030.060.F has specific
requirements regulating th(Conversion of a Service Station to Another Use and requires a Minor Site
Plan approval; and WHEREAS, OMC Section l7.1O.070.B requires approval of
a Design Revie"application for all commercial projects with external remodeling,
including signage; and WHEREAS, OMC Chapter 17.36 contains the City's sign
regulations, which requin the approval of a Variance for deviations from the
required standards; and WHEREAS, the application for Conditional Use Permit No.
2540-05, Variance No 2151-05, Minor Site Plan Review No. 0408-05,
and Design Review Committee No. 4031-0:was processed in the
time and manner prescribed by law; and WHEREAS, Conditional Use Permit
No. 2540-05, Variance No. 2151-05, Minor Sitl Plan Review No.
0408-05 & Design Review Committee No. 4031-05 are categorically exemp from the
provisions of the California Environmental Quality Act per State CEQA Guideline Section 15303 (
Class 3 - New Construction or Conversion of Small Structures); and WHEREAS, on
August 10, 2005 and September 28, 2005, the Staff Reviev Committee reviewed the
proposed establishment and operation of a Use Car Sales busines with related
site improvements
WHEREAS, on October 5, 2005 and November 2, 2005, the Design Review
Committee reviewed the proposed improvements and reconnnended that the project proceed
subject to conditions, with exception to signage requiring a Variance; and
WHEREAS, on November 21, 2005, the Planning Connnission conducted a duly
advertised public hearing, at which time interested persons had an opportunity to testify either
in support of or opposition to Conditional Use Permit No. 2540-05, Variance No.
2151-05,Minor Site Plan Review No. 0408-05 & Design Review Committee No.
4031-05 upon property
generally described as follows:PARCEL 3, IN THE CITY OF ORANGE, AS
SHOWN ON A MAP FILED IN BOOK 48, PAGE 26 OF
PARCEL MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF ORANGE COUNTY WHEREAS, on November 21,2005 the Planning
Connnission reviewed the proposed improvements and reconnnended that the project proceed subject
to conditions, with exception to signage
requiring a Variance; and WHEREAS, on December 5, 2005 the applicant file a timely
appeal of the Planning Commission's partial denial
of the project: and WHEREAS, on January 24, 2006 the City Council held a
duly noticed public hearing on
the applicant's appeal.NOW, THEREFORE, BE IT RESOLVED that
the City Council approves Conditional Use Permit No. 2540-05, Variance No. 2151-
05, Minor Site Plan Review No.0408-05 and Design Review Connnittee No.
4031-05 establishing a Used Car Sales business including related site improvements and deviations
from the City's sign regulations for the property located at 1935
East Chapman Avenue based
on the following findings:
SECTION 1 - FINDINGS A. Conditional Use Permit 1. A Conditional Use Permit shall be
granted upon sound principles of land use and in
response to services required by the community.The Land Use Element of the
City's General Plan encourages "a well-balanced community" be provided "one
which provides a broad range of housing and business opportunities
as well as recreational, institutional and cultural activities that enhance the overall living environment."
The proposed use, as a Use Car Sales business, provides a logical
business opportunity in a
location
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.
The proposed use will occur on a site that is presently an abandoned service station
site and an attractive nuisance. The bordering land uses are all commercial types of
uses and the proposed use would be consistent with adjacent uses. The site
improvements to the subject site will enhance the area because they include the
removal of old drive approaches with a replacement to standard City sidewalks, curb
and gutter, and new landscape planters along the Chapman Avenue frontage where
none currently exist.
3. A Conditional Use Permit shall be considered in relationship to its effects on
the community or neighborhood plan for the area in which it is located.
The proposed use will occur within an existing structure and the associated site
improvements will be an enhancement. The existing neighborhood consists of an
urban environment and the proposal is consistent with the General Plan designation
of General Connnercial for this area in that this designation allows for a wide range
and variety of connnercial uses. Removing direct access to the site from Chapman
Avenue will remove an unacceptable condition related to the number of curb cuts in
close proximity to intersections.
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 have been included to ensure that the business isn't established until all
on- and off-site improvements are completed to preserve the general welfare of
the innnediately surrounding businesses and residents of the
City.B.
Variance I. That there are no special circumstances applicable to subject property, including
size,shape, topography, location or surroundings, the strict application of the
zoning ordinance is not found to deprive the subject propertyof privileges enjoyed by
other properties in the vicinity and under identical zone
classification.The subject property is constrained by the 55 Freeway and Freeway off-ramp to
the east a large storage facility immediately to the north, Wayfield Street to the
west and Chapman Avenue to the south. Due to the constraints caused by the
freeway, freeway off-ramp and storage facility, the site is not readily visible from the
freeway and public streets and motorists seeking to access the site would likely be at the
site before being able to observe a sign permitted to the maximum overall height of 15
feet. A variance for the freestanding sign installed at the proposed height of 25 feet,
two
allow for visibility enjoyed by other properties in the vicinity. The increased height will
also result in freeway visibility to the site. The properties lineal street frontage along
Chapman Avenue is constrained by Wayfield Street to the west, depriving the property
of lineal frontage that similar properties in the area enjoy. Accordingly, the variance for
the monument sign will allow the applicant to enjoy privileges other properties enjoy in
the vicinity.
2. That the variance shall constitute a grant of special privilege inconsistent with the
limitations upon other properties in the vicinity and zone in which subject property is
located.
The applicant's proposal is to reface and reuse the previous pole sign and its cabinet,
which was removed from the site when the service station use was abandoned. The
placement of the second freestanding sign using the base of the previous sign is also a
reface and reuse of previously existing signage on the site. Consequently, granting a
Variance would not be a grant of a special privilege because the signs are merely
replacing what was already there and is substantially similar and consistent to the other
businesses in the vicinity and zone in which the subject property is located.
C. Minor Site Plan Review
1. That the project design is compatible with surrounding development and
neighborhoods.
The subject project design occurs on a stand-alone site and is unique to its use by
using a racing themed color scheme; however, this is considered compatible with
surrounding commercial development because most of it is automotive
oriented.2. That the project conforms to City development standards and any applicable
special design gnidelines or specific plan
requirements.The proposal includes site improvements that will result in an upgrade to
parking,landscaping and lighting bringing it into conformance with current OMC
regulations.3. That the project provides for safe and adequate vehicular and pedestrian
circulation,both on-
and off-site.The project includes the removal of two driveways along Chapman Avenue
that are in close proximity to intersections. These driveways will be replaced
with sidewalk, curb and gutter in conformance with
current City standards.4. That City services are available and adequate to
serve the project.The project does not result in any increased need for City services. Security
at the site in the form of new lighting and fencing is appropriate for the
proposed business and with Police Department oversight of final design, will reduce any
potential increase in this City service
to the site.5. That the project has been designed to fully mitigate or
substantially minimize
adverse
The project site is located within an urbanized area and will not adversely affect any
sensitive environment.
D. Design Review
1. The project design upholds community aesthetics through the use of an internally
consistent, integrated design theme and is consistent with all adopted specific plans,
applicable design standards and their required findings.
The project provides upgrades in conformance with the OMC requirements and the use
of color on the building and in the signage presents a consistent theme and appearance
to the site.
SECTION 2 - ENVIRONMENTAL REVIEW The
proposed project is categorically exempt from the provisions of the Californii Environmental
Quality Act (CEQA) per State CEQA Guidelines 15303 (Class 3 - Ne"Construction or
Conversion of Small Structures) in that it involves the conversion of less thar 10,000
square feet of an existing structure from one use to another where only minol modifications are
made.SECTION 3 -
CONDITIONS OF APPROVAL BE IT FURTHER
RESOLVED that the following conditions are to be imposed witl approval:General 1.
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.2. The applicant
agrees to indemnify, hold harmless, and defend the City, it's officers, agents, and
employees from any and all liability or claims that may be brought against the
City arising out of its approval of this permit, save and except that caused
by City's active negligence.3. All construction
and site improvements shall conform in substance and be maintained in general
conformance with plans and exhibits date stamped October 27, 2005,
including modifications required by conditions of approval,and as approved
by the Design Review Committee. All such improvements are required to be
completed prior to operation of the Used Car Sales Establishment on the property
located at 1935 East Chapman Avenue.5
4. The Police Department requires the installation of perimeter fencing along the
northerly property lines to protect the inventory in-take area behind the
existing structure. This fencing shall consist of a continuation of the security bollards
as shown in the submitted plans. The applicant shall provide details and a
location plan for review and approval including obtaining any required building
permits.5. The applicant shall provide a final Lighting Plan, including a photometric,
for review and approval by the Planning Department and Police Department.
The two existing light standards closest to Chapman Avenue shall be removed.
The applicant shall also obtain all building permits and approvals required for
such
installation.6. The paint color on the rear (north) elevation of the building shall match the
base color on the three other
elevations.7. Final landscape and irrigation plans shall be submitted to City staff for
final approval, and shall be modified as follows: Additional shrubs shall be added
to the perimeter of the site so it does not appear sparse. Shrubs and turf areas
shall not be in the same irrigation zones. Turf shall be planted next to the
sidewalk and shrubs shall be planted adjacent to the outdoor display area or parking
areas to provide a visual screen. The seven larger specimen trees (25% as required
by the OMC) shall be 24-inch box in size. A note shall be included
on the drawings that the irrigation system shall be automatic and
sprinklers shall provide full uniform coverage of all
plant material.8. The applicant may add decorative checkered flags in two-pair,
not to exceed three feet by five feet size each, and affixed to the south
elevation
of the building.9. The cattle-guard type security fence at the Wayfield Street
access on the site shall match the type and style as shown in the
pictures presented showing the actual installation at the Ford of
Orange car sales business.10. The driveways along Chapman Avenue shall be
removed and replaced with sidewalk, curb and gutter in accordance with City
standards. Plans shall be prepared in accordance with Public Works
Division requirements, reviewed and approved by Public Works Division, permits obtained for
such work, and all improvements must be in place prior to operation of the
business at the property.11. The use of the subject property is limited to Used Car
Sales. No servicing of vehicles is permitted to occur on the premises. Any
preparation of vehicles for sale or delivery to a customer is limited by the approved
WQMP
for the subject use.12. Variance 2151-05 authorizes the applicant to
have two freestanding signs along the street frontage on Chapman Avenue. The signs
shall
other by a minimum distance of 135 feet and shall be constructed m the
following manner:
a. Applicant shall reuse the eXIstmg pole and foundation located on the
southeast corner of the site, setback approximately 10 feet from Chapman
Avenue, for the placement of a freestanding sign advertising the business.
The freestanding sign cabinet shall be double-sided and measure no
larger than 12-feet, 2-inches in width by 5-feet, 2-
inches in height. When placed upon the existing pole the freestanding sign shall
have an overall height
no higher than 25-feet, 2-inches.b. Applicant shall reuse the
existing foundation located on the southwest corner of the site, setback approximately
8 feet from Chapman Avenue, for the placement of a
freestanding sign authorized for the business. The freestanding sign cabinet shall
be single-sided, oriented at a 45-degree angle to Chapman Avenue, and
measure no larger than 72-inches wide, and have an
overall height,
including the base structure, no higher than 48-inches.Code Provisions The following
Code proVISIOn is applicable to this project and is included fo information only. This is
not a
complete list, and other Code provisions may apply t<the project:If not utilized,
this proj ect approval expires two years from the approval date.An extension of
time may be
permitted upon a written request, if received before the expiration deadline.
Improvements that require approval by the Water
Division shall be in accordance with all City standards
and specifications.Improvements requiring encroachment permits from the Public Works
Division shall be in accordance with all City standards
and specifications.Tenant improvement plans shall demonstrate compliance with all applicable sections
of the Building and Fire Codes, as amended by the City.Prior to the
issuance of any permit building or grading, applicant shall submit a Project
WQMP for review and approval to the
Public Works Department that:o Addresses Site Design BMPs (as applicable)
o Incorporates the applicable Routine Source and Structural
Control BMPs as defined in the Drainage Area Management Plan (
DAMP)o Incorporates Treatment Control BMPs as defined in
the DAMP o Generally describes the
long-term operation and maintenance requirements for structural and Treatment Control
BMPs,o Identifies the entity that will be responsible for
long-term
operation,
o Describes the mechanism for funding the long-term operation
and maintenance of all structural and Treatment Control
BMPs.Prior to the issuance of certificates for use of occupancy, the applicant
shall demonstrate the following to the Public Works
Departmllnt:o That all structural best management practices (BMPs) described in
the Project WQMP have been constructed and installed in conformance with
the approved plans and
specifications,o That applicant is prepared to implement all non-structural
BMPs described in the
Project WQMP,o That an adequate number of copies of the project's approved
final Project WQMP are available for the
future occupiers,Prior to the issuance of certificates for use of occupancy the
applicant shall submit an Operation and Maintenance Plan for review and approval
for all structural and treatment control BMPs to the Public Works
Department. The 0& M Plan shall include
the following:o A description ofthe structural and treatment control BMPs identified
in the Project's WQMP that are to be inspected and maintained as specified
in the approved
project WQMP o Specific maintenance activities to
be performed o The employees responsible for maintaining the BMPs and their
training that qualifies them to operate and maintain
the BMPs o The operating and maintenance schedules contained in the
approved
Project WQMP o A copy of the forms to be used in conducting maintenance
and
inspection activities o Recordkeeping requirements (forms to be kept for
5 years)o A copy of the form to be submitted annually by the project owner
to the Public Works Department that certifies that the project's
structural and treatment BMPs are being inspected and maintained in accordance
with the project'
s WQMP.ADOPTED this 14th day of
February, 2006.
t.1N
of
ATTEST:
f{;<~
Mary E. Mu y, ity Clerk, Ci range
I, MARY E. MURPHY, City Clerk of the City of Orange, California, do hereby certif)
that the foregoing Resolution was duly and regularly adopted by the City Council of the City 0
Orange at a regular meeting thereof held on the 14th day of February, 2006, by the followin!
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS: Smith, Ambriz, Cavecche, Dumitru
COUNCILMEMBERS: None
COUNCILMEMBERS: None
COUNCILMEMBERS: Murphy
C>~/~~
Mary E. M y';-eity Clerk, CitY~Orange
9