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RES-9948 Redevelopment of Existing Service Station 1935 E. Katella Ave.RESOLUTION NO. 9948 I A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE APPROVING VARIANCE NO. 2124-03, MINOR SITE PLAN REVIEW NO. 223-02 AND NEGATIVE DECLARATION NO. 1690-02 TO ALLOW THE REDEVELOPMENT OF AN EXISTING SERVICE STATION UPON PROPERTY LOCATED AT 1935 EAST KATELLA AVENUE APPLICANT: BP WEST COAST PRODUCTS, LLC WHEREAS, Variance No, 2124-03, Minor Site Plan Review No. 223-02 and Negative Declaration No. 1690-02 were filed in accordance with the provisions of the City of Orange Municipal Code; and WHEREAS, Variance No. 2124-03, Minor Site Plan Review No, 223-02 and Negative Declaration No. 1690-02 were processed in the time and manner prescribed by state and local law; and WHEREAS, on August 14, 2002, July 02, 2003, October 22, 2003, March 24, 2004,and May 12, 2004, the Staff Review Committee reviewed the proposal and recommended that the project be approved subject to conditions; and WHEREAS, on October I, 2003, November 19, 2003, and February 18, 2004, the Design Review Committee reviewed the design of the buildings, landscaping plan, and signs associated with the project and recommended that the project be approved subject to conditions; and WHEREAS, the Planning Commission conducted a duly advertised public hearing on Monday, January 3, 2005, at which time interested persons had an opportunity to testify either in support of or opposition to Variance No. 2124-03, Minor Site Plan Review No, 223-02 and Negative Declaration 1690-02 upon property described as follows:PARCEL A: I PARCEL 2, IN THE CITY OF ORANGE, AS SHOWN ON A PARCEL MAP FILED IN BOOK 32, PAGE 30 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.PARCELB:THAT PORTION OF ABOVE DESCRIBED, AS ABANDONED PER RESOLUTION NO. 4228, EXECUTED BY THE CITY OF ORANGE AND RECORDED APRIL 26,1976 IN BOOK 11715, PAGE 1687 OF OFFICIAL RECORDS, WHICH WOULD PASS BY OPERATION OF LAW WITH THE CONVEYANCE OF SAID PARCEL A. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orange that Variance No. 2124-03, Minor Site Plan Review No. 223-02, and Negative Declaration 1690-02, to allow the redevelopment of the subject site with a gas station and mini-market and a reduction in required on-site parking to 12 from 15 spaces is hereby approved based on the following findings:SECTION 1 - FINDINGS Variance No. 2124-02 1. That because of special circumstances applicable to subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification,The City's Parking Ordinance parking requirements for service stations does not require additional on-site parking for the sale of gasoline, but requires additional parking for the accessory uses typically associated with the operation of gas station, such as service bays (3 spaces per bay), offices, ( 4 spaces per 1,000 of gross sq. ft,) and mini-market (5 spaces per 1,000 sq. ft. of gross sq. ft.). The required on-site parking for the proposed use is 15 spaces (5 spaces per 1,000 sq.ft, building X 2,997 sq. ft. of gross building area). The parking requirements assume that no on-site parking is needed for the sale of gasoline because the parking needs of such is provided at the service pump,For the proposal, the combination of the sale of motor fuel in conjunction with the operation of a mini-market provides special circumstances because parking at the fuel pumps satisfies the majority of the parking needs of the customers of the mini-market. Staff anticipates that the proposed 12 on-site parking spaces and 16 parking spaces under the canopy will provide adequate on-site parking for those customers who drive to the site to only purchase an item from the mini-market, for employees, and for customers purchasing gas. The City has granted similar variances for similar gas stations/mini markets in the City on the same basis. 2. That the variance granted shall be subject to such conditions which will assure that the authorized adjustment shall not constitute a grant of special privilege inconsistent with the limitations upon other I The approval of Variance 2124-02 is not granting a special privilege because the project is meeting the intent of the City's Parking Ordinance by providing an adequate number of on-site parking spaces, which the Ordinance requires of all commercial uses. The strict application of the Parking Ordinance is found to deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification,The project is subject to conditions that it be developed and operated as reviewed and approved by the City Council and any change to operation will require review and approval by the Community Development Director.3.The findings on pages 7-9 of the Planning Commission Staff Report dated January 3,2005, are incorporated as though fully set forth herein,Minor Site Plan Review No. 237-02 I. The project design is compatible with surrounding development and neighborhoods.The City's Design Review Committee reviewed the proposal and recommended approval based on the proposed site, building, and landscaping provide a uniform architectural design and the proposed development would be compatible with other commercial development in vicinity of the subject site.2. The project conforms to City development standards and any applicable special design guidelines or specific plan requirements.The proposal, with the exception of parking, complies with the City's development standards for commercial projects,3. The project provides for safe and adequate vehicular and pedestrian circulation, both on- and off-site.The proposed on-site circulation complies with the City's dimensional requirements for drive aisles and driveways,I 4,City services are available and adequate to serve the project.The subject site is located in a fully developed area that is already improved with public facilities with adequate capacity to service the proposed use,5. The project has been designed to fully mitigate or The project development has been reviewed and recommended for approval by the City's Staff Review Committee and Design Review Committee (see discussion below). Additionally, the project is subject to regulations regarding noise, light, and water quality to ensure that its opeTation will not have an adverse impact on neighboring properties nor the environment. 6. The findings on pages 10-12 of the Planning Commission Staff Report dated January 3, 2005, are incorporated as though fully set forth herein,SECTION 2 - ENVIRONMENTAL REVIEW The environmental impacts of the project were evaluated by Negative Declaration No. 1690-02, which was prepared in compliance with California Environmental Quality Act CEQA) Guidelines,After examining the attached Negative Declaration No. 1690-02 and all documents included in the staff report, specifically pages 12-18 of the Planning Commission Staff Report dated January 3, 2005, are incorporated as though fully set forth herein, the City Council finds the proj ect could not have a significant effect on the environment and wildlife, and therefore adopts Negative Declaration No, 1690-02.SECTION 3- CONDITIONS OF APPROVAL BE IT FURTHER RESOLVED that the City Council Tecommends the following conditions are imposed with approval:General 1. All construction shall conform in substance and be maintained in general conformance with plans labeled Exhibit A (dated August 16, 2004, for identification purposes) as recommended for approval by the City Council.FurtheT, exterioT building color and materials shall conform to the color and materials board submitted to and approved by the Design Review Committee,Any change in color of the exterior of the building initially, or at any time in the future, shall be subject to review and approval by the Community Development Director or designee.2. All the conditions listed in this Tesolution shall be reprinted on the cover sheet or first page of construction plans, including grading plans.Community Services Department 3, Prior to applying for building permits, the applicant/contractor shall coordinate with Douglas Kokesh, Tree Services Coordinator, at (714) 532-6470 to determine the appropriate areas for the street trees along Katella Avenue, A final landscape plan shall depict all the appropriate areas for the new street trees including the total number of trees as approved by 4.Prior to the issuance of building permits, the applicant shall submit final landscape and irrigation plans for review and approval by the Director of Community Services or designee. The landscape plan shall clearly identify the planting legend on the plan with symbol, name, size and quantity of all plant materials. The landscape plan shall also have all the City notes and inspections, The final landscape plan shall be submitted to the Planning Division for review and approval by the Community Services Director or designee.I 5. All landscape areas shall be distributed throughout the parking area, and shall be maintained in a neat and healthy condition. Should the plant material die, the business owner/operator shall replace it with similar plant material. Crime Prevention Bureau 6, Prior to applying for building permits, the applicant/contractor shall submit a photometric analysis of the parking lot area and a lighting plan of the rest of the facilities to the Crime Prevention Bureau. The photometric analysis of the parking lot area shall incorporate a landscape overlay in order to verify that the trees will not conflict with the lighting plan, Tree locations and light fixtures shall be depicted on the photometric plan and the landscape plan, The photometric analysis shall be submitted to the Planning Division for review and approval by the Police Chief, or designee prior to applying for plan check or building permits, Design Review Committee 7. Prior to issuance of building permits, the site, building, and landscaping plans shall be Tevised as follows: A. Landscape and irrigation inspection notes be added to the landscaping plans. B,The trash enclosure shall be relocated from the north property line to a location near the building and adjacent to parking, and that the parking then be shifted to the east, subject to compliance with other applicable development standards. I C,The metal on the curved roof portion ofthe building be a smooth finish. D.The east and west sides of the towers have a width of 6 feet 6 inches, E. The decorative paving be of a stamped concrete construction with a slate pattern with the color similar to the stone on the building, F, The cornice on the parapet shall be removed. 5 G, The freestanding price sign at the southeast comer of the subject site have a curve to match the shape of the metal roof on the building. H, The plant variety for the vines on the south and east elevations of the building shall be a climbing type (such as trumpet vine OT cats claw). Fire Department 8. Every building shall be accessible to fire department apparatus by an access roadway of not less than 20 feet of unobstructed width having a minimum of 13 feet 6 inches of vertical clearance, The access roadway shall be extended to within 150 feet of all portions of the exterior walls of the first story of any building per D.F.C, Sections 901 and 902, 9, All streets less than 36 feet wide shall be marked and signed as a fire lane. The marking and signs shall be provided and installed per the Citv of Orange Fire Departments Fire Lane Standards, 10, The fire department access roadway shall be an all weather driving surface capable of supporting the imposed loads of fire apparatus, 20,000 pounds per axle. The access shall be designed for a three-axle vehicle (Engine W ght. 36, 050 and Truck wght. 60,000 pounds) per D.F.C, Section 902.2.2. 2.11. The fire department access roadway shall be provided with adequate turning radius for fire department apparatus (A 45 foot outside and 25 foot inside radius,) per D.F.C. Section 902.2.2. 3.12, The installation of underground tanks, sumps, containers, etc. used for the storage of hazardous material is regulated by the Fire Department. A fire department permit application must be completed and plans submitted to the Fire Department for approval prior to installation, O.M.C. 15.32.150: California Health & Safety Code Section 25280: 1994 U,F,C. Articles 79 and 80, Contact the Hazardous Materials Division at (714) 288-2541.13. Liquefied petroleum gas container shall be installed as per Uniform Fire Code Section 82. This code section relates to tank size, distances from buildings and property lines, crash post requirements, labeling, pump type, required zoning approval and Fire Department permit issuance,14, Businesses stoTing, handling, or using more than 55 gallons, 500 pounds, or 200 cubic feet of a hazardous material during anyone year, must comply with the disclosure requiTements of Ordinance 40-85 O.M.C. 15.32. 136, Contact the Hazardous Materials Division at ( Public Works - Subdivision 15. The applicant/contractor shall submit a grading plan to the Public Works Department, Engineering Division for review and approval, and a grading permit issued priOT to the issuance of building permits,I 16.Developer shall submit a Water Quality Management Plan (WQMP) specifically identifying non-structural and structural Best Management Practices (BMPs) that will be used on site to control predictable pollutant run-off. The grading plan shall include the Structural BMPs,17, Developer shall obtain an encroachment agreement from the Department of Public Works for construction within the City of Orange public utility easement located within the former Villa Park Road right-of-way) prior to the issuance of a grading permit.18. Developer shall combine the two existing parcels into one parcel prior to the issuance of a building permit.19. Developer shall providing sufficient evidence, to the satisfaction of the City Engineer and City Attorney that easements exist to provide necessary physical access to and from the site fOT delivery trucks,20, Prior to issuance of occupancy permits, the applicant shall complete the Telocation as determined by the City Engineer of the utilities that exist in the former Villa Park Road street right-of-way. Public Works - Water Division 21. Prior to the issuance of building permits the applicant/developer shall submit detailed improvement plans to the Water Division for review and approval.22, Prior to the issuance of building permits the applicant/developer shall be responsible for the abandonment, removal, and disposal of the existing water facilities as impacted by the proposal as approved by the Water Division.I 23.The applicant/developer shall be responsible for the installation of water service,24.Prior to the issuance of building permits the developer shall satisfy all water main connection, plan check, and inspection charges as determined by the Water Division,25. The developer's contractor shall provide material submittals to the Water Division Inspector for approval a minimum of fourteen calendar days 26. The installation of sewer mains in the vicinity of water mains shall be done per the Department of Public Works Standard No, 204. 27, A six-foot minimum horizontal clearance and a one-foot minimum vertical clearance shall be maintained between City water lines and all other utilities except sewer. Code Provisions The following Code provfS1ons are applicable to this project and are included for information only, This is not a complete list and other Code provisions may apply to the project: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 permit, save and except that caused by City's active negligence,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.Prior to issuance of building permits, the applicant shall pay all applicable development fees, including but not limited to: City sewer connection, Orange County Sanitation District Connection Fee, Transportation System Improvement Program, Fire Facility, Police Facility, Park Acquisition, Sanitation District, School District, and Eastern Foothill Transportation Corridor, as required,If not utilized, this project 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.Construction plans shall include a site plan and landscape plan detailing exiting from outside the building to a public way. Details on the type of ground covering,hardscape, gates and latching and locking hardware shall be provided on the plans,ADOPTED this 22nd day of March, 2005,tr{fOrange Mark A. Murphy, Mayor, ATTEST: I of Orange I, MARY E. MURPHY, City Clerk of the City of Orange, California, do hereby certify that the foregoing Resolution was duly and regulaTly adopted by the City Council of the City of Orange at a regular meeting thereof held on the 22nd day of March, 2005, by the following vote: AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: Smith Ambriz, Murphy, Cavecche COUNCILMEMBERS: Dumitru COUNCILMEMBERS: None COUNCILMEMBERS: None MaryE. I 9