RES-7966 Granting Conditional Use Permit No. 1927-91RESOLUTION NO. 7966
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ORANGE UPHOLDING THE RECOMMENDATION OF THE
PLANNING COMMISSION OF THE CITY OF ORANGE
AND GRANTING A CONDITIONAL USE PERMIT TO
ALLOW GENERAL OFFICE AND COMMERCIAL USES IN
THE INDUSTRIAL DISTRICT UPON PROPERTY SITUATED
ON THE WEST SIDE OF MAIN STREET, NORTH OF
KA TELLA A VENUE
CONDITIONAL USE PERMIT 1927-
91 BURKE COMMERCIAL
DEVELOPMENT
RECITALS:After report thereon by the Planning Commission and after due public hearings
as required by law, and after receiving a recommendation from the Planning
Commission,recommending, by Resolution No. PC,45,91, that Conditional Use Permit 1927-91
be granted to allow general office and commercial uses in the industrial district upon property
situated on the west side of Main Street, north of Katella A venue, the City Council
considered Conditional Use Permit 1927-91 be granted. Subject property is more particularly
described in
attached Exhibit "A".During the public hearing, the City Council found the
facts as follows:1. The applicant is requesting approval of a Conditional Use Permit \
0 allow the development of a mixed-use multiple tenant complex consisting
of retail,
office, and industrial uses.The Conditional Use Permit is proposed as a "Blanket" approval
to allow for a combination of retail, office, and industrial uses based soley
on the required parking ratio for each respective use, and the number of on,
site parking spaces provided.2. The project consists of four (4) individual buildings and approximately 44,
507 sq.ft. of total building shell floor area. Buildings I and 2 which front
on MainStreet, are approximately 27.5 ft. in overall height. Buildings 3 and 4
which are located towards the back of the property, are approximately 20 ft. in overall
height. Future tenants can be expected to construct additional floor space as mezzanine
or second stories within these building shells. Initial construction
is proposed
as follows:
Building #1
Building #2
Building #3 Building #4
9,432 sq.ft.
9,392 sq.ft.
12,482 sq.ft.
13,201 sq.ft.44,
507 sq.ft.
Note: The specific uses are unknown at this time, the Development Summary and Cross
Hatched Area shown on the site plan are for illustration purposes only. This is to show
potential future second story and mezzanine build-out of the
project.)3. Each building consists of 4 tenant spaces for a total 16 individual tenants. The
tenant spaces range from approximately 3,100 sq.ft. (building shell only) to 3,580 sq.ft.
in size. Each tenant space is provided with a store front entrance and an overhead roll,
up door at the rear of the building for loading
purposes.4. A total 182 parking spaces are provided for the project. Two proposed new
drive approaches provide primary access to the property. Additional access is provided via
an existing 40 ft. wide easement located immediately south of the subject
property.5. The applicant is also requesting to subdivide the property into sixteen (16)
individual lots, of which eight (8) lots are without direct access to a public street. The lot lines
will correspond with the individual tenant
spaces.NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Orange that Conditional Use Permit 1927-91 be granted for the
following reasons:1. The project as proposed is compatible with the existing commercial and
industrial areas in the
surrounding area.2. The project's floor area ratio (F.A.R.) of approximately 0.38 is less than,
and therefore consistent with the City's General Plan Land Use Designation of Industrial - 1.
5 maximum F.A.
R.BE IT FURTHER RESOLVED that Conditional Use Permit 1927,91 be
granted subject to the following
conditions:1 If not utilized, Conditional Use Permit 1927,91 shall expire two (2) years from date
of
approval.2. All units in Buildings 1 and 2 and the one most easterly unit in Buildings 3 and 4 shall
be permitted offices and industrial
uses.3. The three westerly most units in Building 3 and 4 shall be limited to industrial uses
only.4. Second story buildout in each unit shall be limited to the square footage of the
cross hatched area as shown on the approved site
plan.5. Prior to issuance of Building Permits, C C & R's shall be recorded in the
County Recorders Office. Such document shall be reviewed and approved by the City
Attorney prior to recordation. Applicant shall provide planning staff with a copy of the
recorded document to be kept with this file. C C & R's shall address space allocation (
including but not limited to the specific uses and buildout of each unit), reciprocal access,
parking and
maintenance.Reso No. 7966 2-
6. Prior to issuance of Building Permits, landscaping plan shall be reviewed and approved
by the Design Review Board.
7. Install parkway trees as required by Community Services Department.
8. Final Map shall be recorded within 24 months after approval of Tentative Map.
9. Monuments shall be set based on a field survey.
10. Construct necessary improvements along Main Street per City standards.
11. Prior to issuance of Building Permits, grading plans shall be reviewed and approved by
Department of Public Works.
12. Subject to submitting a storm drain hydrology and hydraulic analysis on the existing
storm drain system located immediately south of the subject property from Main Street
to west of the subject property.
13. Prior to approval of grading plans, applicant shall submit a copy of the project's "best
management practices" showing conformance to National Pollution Discharge
Elimination Systems requirement for approval.
14. Prior to issuance of Building Permits, a recorded access rights easement shall be
provided.
15. Subject to paying the drainage assessment fee of Area "G".
16. Subject to paying all development fees and charges in effect at the time of issuance of
building permits, including the following:
A. Transportation Systems Improvement Program Fee
B. Fire Facility Fee
C. Police Facility Fee
D. Library Facility Fee
E. School Development Fee
Note: Transportation System Improvement Program Fee shall be assessed as follows:
The first 34,594 sq.ft. of building floor area shall pay the "Office" rate, and the
remaining 18,913 sq.ft. shall pay the "Industrial" rate.)
17. Each building shall be metered separately unless otherwise approved by the Water
Superintendent.
18. Each building shall be protected with separate fire services (Detector check) unless
otherwise approved by the Water Superintendent.
Reso No. 7966 3-cw
Conditions 19 through 29 shall be complied with to the satisfaction of the City's Fire
Department:
19. An approved fire sprinkler system must be installed throughout the building per O.M.C.
15.32.080 section 10.306, Table 1O.306(a). The system shall be designed per N.F.P.A.
13, U.B.C. Chapter 38 and U.B.C. Standard 38-1. The sprinkler system requires
24 hour
supervision.20. When fire sprinkler systems are required in buildings of undetermined use, they shall
be designed and installed to have a sprinkler density of not less than that required for
an Ordinary Hazard Group 3 use with a minimum design area of 3,000 square
feet.21. The Fire Department connection shall not be affixed to the building. The
Fire Department connection must be located at least 40 feet away from the
building,within 40 feet of a fire hydrant, and on the address side of the building, or
as approved by the Fire
Department.22. Provide on,site fire hydrant(s) and mains capable of supplying the required
fire flow. They hydrant model and on-site location shall be approved by
the Fire Department and have a three (3) foot minimum clearance around
the circumference of the fire hydrant. The on-site hydrants shall not be controlled by
thecontrol valve P.I.V.) for the sprinkler system so that water flow to hydrants
is not impaired should the sprinkler system be shut down for any reason. U.F.C.
10.206 and 10.301 Plans must be submitted to
the Building Department.23. 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.
U.F.
C.10.207 24. The Fire Department access roadway shall be an all weather
driving surface capable of supporting the imposed loads of fire apparatus. U.F.
C. 10.207 25. The Fire Department access roadway shall be provided with
adequate turning radius for Fire department apparatus. (A 40 foot outside radius is a
minimum under most circumstances.) U.F.
C. 10.207 26. The total width of the Fire Department access roadway shall
be continuously paved to accommodate 40,000 pounds and shall not exceed the angle of
departure for fire apparatus
on any slope.27. Fire access lanes are to be posted and red curbed. Identification of
fire lanes must meet City of Orange
Fire Department Standards.Reso No.
28. One 2A lOBC rated fire extinguisher shall be provided for every 3,000 square feet
of the building or 75 feet of travel distance. U.F.C. Standard 10,1
29. A Fire Department approved key box for Fire Department access shall be installed
in a location approved by the Fire Department and shall contain keys to gain access
to each building. O.M.C. 15.32.100 and U.F.C. 10.209
Conditions 30 through 32 shall be complied with to the satisfaction of the City's Crime
Prevention Bureau:
30. All structures shall comply with the requirements of Municipal Code Chapter 15.52
Building Security Standards), which relates to hardware, doors, windows, lighting,
etc.... (Ord. 7,79). Architectural drawings shall include sections of the ordinance
that apply under "security notes". An "Approved Products List" of hardware,
windows, etc... is available upon request from the Crime Prevention Bureau at
714)744-
7237.31. Parking lot lighting shall be supported by photometries, showing
mInImUm compliance with the minimum maintained 1.0 footcandle, measured at the surface
of the parking
lot.32. Each building shall be provided with illuminated address numbers that
are contrasting to the background and visible to approaching emergency vehicles
along the northerly driveway, the central driveway, and the southerly easement
driveway according to Ordinance
7-79.33. Subject to Addendum
Sheet #1.ADOPTED this 10th day of
March
1992.
ArrEST:GE Reso No. 7966
I 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 Otltlay of March
1992, by the following vote:
AYES:COUNCIL MEMBERS: STEINER, BARRERA, MAYOR BEYER, COOTNZ, SPURGEON
NOES:COUNCIL MEMBERS: NONE
ABSENT:COUNCIL MEMBERS: NONE
ABSTAINED:COUNCILMAN:MAYOR BEYER
d~~~~
City Clerk ot4he . y
C
Orange
Reso No. 7966 6-cw
OODFR I'D.: 9106860-
44 sal!'"':Jr F.
A 1t1e estate or intcLest: in the larxi hereinafter descr1bed or xeferred to <X7\Ier'E!
Jd by 'this "qA.IL
lis:A FEE as to Paroel
A;1\N EASEJ.1ENl' nore fully described below as to Paroel
B Titie to said estate or :l4t.:......t at the date 1c..o:uf is ,-_bod in:
Tirl.a1 Oil Ca\'p3ny of California, a U>I-~atial
be land xeferred to in 'this "qlULl is si'bJated in the State of Califamia,
Oom:ty of OLCIl"!fC' and is described as follOJo1S;
Paroel A:
1t1e Sooth 369.30 feet of that pxtia1 of rot W of the Van de Graaf Tract, in the
City of CACIl.ge, COOnty of CAaayo,. State of California, as per map :t..........Jt:d in
Bcx:K 4, Page 440 of M:I.sc:el.l.aoo ~ds, in the office of the COOnty ~der
of Los Angeles Calnty, California, described as ~:
Beginning at a p:>int West 1442.10 feet and N::lrth 302.016 feet ftan the ScutiEast
of rot T of said tract; tt.e.:lCle West 1168.86 feet; then::le N::lrth 890.076
feet to a point in the Sooth lin! of that certain 50 foot wide strip of land
described in deed to Pacific InproIIement O"'.~ot'Iq ~dO.J M!y 12, 1888 in Bcx:K
434, Page 271 of Deeds, ~ds of Los ArgF>1.... COOnty; thellCle East 1168.86 feet,
said Sooth line, to a point en that line of said rot T; therlce Sooth
889.02 feet, ala1g said West line, to the point of begiInllg.
Except that porti.a1 lyirg West of the East 468.34 feet of said rot W.
Also except the Sooth 40.00 feet tt.e.:eof.
Also except an UOOiv1ded ae-fo.Jrth iute!est in and to all minerals, oil,
gas and kin:ired suU:.Laaces lyirg in, up:n and uOOer said land, with::ut the right
of entry trerea. for the puqx:l6e of deIielqW:g, e...L..co::.Un] andrem::w1ng
said suU:.Laa.ces, as reserved in the deed iran R:m:na COllegE!, a u..IL~atia1, ............do.
J Jan.Jazy 14, 1943 in Bcx:K 1172, Page 528 of Official ~ds, and ame.dadM!y
30,1974 in Bcx:K 11157, Page 501 of Official ~
dto.ATTACHMENT RESQ.
c
c.R:ER !().: 9l068~
Jr.F. A aJfl'D<<Jm
Also except tn! ti tie am exclusive right m all of tn! IIIin:!rals am mirera1 ares of every
kirrl am character reM lcrla<in m exist or hereafter di.sc:x:lYered upcn, within or umerlyiLg
said larxi or that uay be proollc..n therefran, 1rx:lulliYJ. withart l1mitiqJ tn! !F'let:ality of
tn! foregoing, all petroleun, oil, natural gas am other ~ susb\.&"a!S am
products derived therefran, t..:y<Uer with tn! exclusive am fleLPetua1 right of Soothem
Pacific Q...."",lY, a .......),IULoticn, its SO", ;- :.. 8 am ......igns, of iIycSS am ""JL H bereath tn!
surface of said larxlm explore for, &.........1., mine am X8IOIIe tn! sale, am m make su::
h use of tn! said larxl bela"alhtn! surface as is I"'" .y or useful in ........""'-''1:icntherewith, tobic:
h use uay 1rx:lude lateralor slant drilling, boring, digging or sinkilY;J ofwells, shafts
or tunnels; provided, lx:lwever, that SOUthern Pacific Q...."",ty, a u)t),IULa:ticn,its m.. )'
8 am '!'SSigns, shall nX use tn! surface of said larxl in tn! EllImd.se of any of said
rights, am shall nX disturb tn! surface of said land or any iIIpro\IaIB1ts therecn, as - .
lied in tn! deed fran Sout:hen1 Pacific Q...'p:JIlY, a .......),IULaticn, J:b..uI.Jed t-m:c:
h 3, 1965 in 8:x:k 7431, Page 649 of Official Recalds.Parcel B:
A n:
n-exc1usiveroadway easeroe.tl OYer am upcn tn! 4O-fcot strip of land Southerly of tn!
Nclrt:ls:-ly 329.30 feet of tn! Southerly 369.30 feet of said paroel of larxl ti=ignated as
Parcel l-B in said deed, 0CIltaini1lg an area of 3.54 acres, ame or
less.Ela::lept:irg therefran an easeroe..t to the City of Orange for ......""'t ~;ES" OYer am
across tn! larxl desc::ribed as fol.l.
cMs:Beg~ at a point in tn! Easterly ~ of said Parcel 1-9, described in
said deed,distant Jobrth 0" W' 28" East t::herea. 40.00 feet fran tn! Southeast u)t.le,C of
said Parcel l-B; thellce Jobrth 89" 30' 29" West, al.ag a ~ parallel with am distant
40.00 feet N..u.U.....ly, ueasured at right ~, fran th! Sootherly ~ of
said Parcell-B, a di..l.cu.lCe of 30.55 feet; thellCe North 3" 46' 41" West, a di..1.cu......, of 243.
27 feet m tn!of a I.cu.vs.t amIe, <.UiCdiIe Easterly am havir.g a xadius of 1250.
00 feet; t::texe No.. UeLly al.ag tn! an: oflast said amIe, tl'lrQlQh a U!I1....al ar:g18 of
3" 54' 09", a di..1.cu......, of 85.14 feet; thellCe North 0" W' 28" East, I.cu.y:ul m
last saidamIe, a di..l.cu.lCe of 1.64 feet m a point in a line parallel with am
distant 369.30 feet No..UeLly, ..........JTEld at right angles, fran said Southerly ~; thence
South 89" 30' 29"East, al.ag last said parallel ~ 50.00 feet m a point
in said Easterly ~; thellCe South 0" W' 28" West al.ag said Easterly ~, a di..l.cu.lCe of 329.30 feet
m th! point