Planning Commission Agenda Item

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1 Planning Commission Agenda Item TO: THRU: FROM: Chair Gladson and Members of the Planning Commission Anna Pehoushek Assistant Community Development Director Monique Schwartz Assistant Planner SUBJECT PUBLIC HEARING: Conditional Use Permit No and Minor Site Plan No for the property located at 419 W. Brenna Lane, and Conditional Use Permit and Minor Site Plan No for the property located at 420 W. Brenna Lane for shared parking and building height exceeding the height limit of the Light Manufacturing zone by 2 feet 8 inches when adjacent to a residential zone. SUMMARY This Staff Report includes two simultaneous development proposals by the same applicants for adjacent properties located at 419 and 420 W. Brenna Lane. The project descriptions are described below: 419 W. Brenna Lane: A proposal to allow for a 5,442 square foot expansion to an existing 9,904 square foot industrial building, 22 feet 8 inch building height, shared access and parking with 420 W. Brenna Lane, and related site improvements. The height of the building addition would exceed the limit of the Light Manufacturing zone when adjacent to a residential zone by 2 feet 8 inches. 420 W. Brenna Lane: A proposal to allow for a 9,520 square foot expansion of an existing 11,232 square foot industrial building, shared access and parking with 419 W. Brenna Lane, and related site improvements. A Conditional Use Permit is being requested for both the shared parking and additional building height. The facilities associated with the two properties will serve a single business use. RECOMMENDED ACTIONS Adopt Planning Commission Resolution Nos. PC and PC entitled:

2 Page 2 RESOLUTION NO. PC 01-17: A RESOLUTION OF THE PLANNING COMMISSION APPROVING CONDITIONAL USE PERMIT NO , AND MINOR SITE PLAN NO TO ALLOW FOR A 5,442 SQUARE FOOT EXPANSION TO AN EXISTING 9,904 SQUARE FOOT INDUSTRIAL BUILDING, 22 FEET 8 INCH BUILDING HEIGHT ADJACENT TO RESIDENTIAL ZONE, SHARED ACCESS AND PARKING WITH 420 W. BRENNA LANE, AND RELATED SITE IMPROVEMENTS LOCATED AT 419 W BRENNA LANE RESOLUTION NO. PC 02-17: A RESOLUTION OF THE PLANNING COMMISSION APPROVING CONDITIONAL USE PERMIT NO , AND MINOR SITE PLAN NO TO ALLOW FOR A 9,520 SQUARE FOOT EXPANSION TO AN EXISTING 11,232 SQUARE FOOT INDUSTRIAL BUILDING, SHARED ACCESS AND PARKING WITH 419 W. BRENNA LANE, AND RELATED SITE IMPROVEMENTS LOCATED AT 420 W. BRENNA LANE AUTHORIZATION/GUIDELINES Orange Municipal Code (OMC) Tables and b, and Sections B.2a, C, D, and authorize the Planning Commission to review and take action on the subject applications. PUBLIC NOTICE On February 9, 2017, the City posted the subject sites, and sent a Public Hearing Notice to a total of 115 property owners/tenants within a 300-foot radius of the project sites and persons specifically requesting notice. ENVIRONMENTAL REVIEW Categorical Exemption: The proposed projects are categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines Section (Class 1- Existing Facilities) because each consists of the construction of an addition (< 10,000 SF in urbanized area) to an existing building 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.

3 Page 3 PROJECT BACKGROUND Applicants: Property Owners: Property Locations: Existing General Plan Land Use Element designation: Existing Zoning Classification: Old Towne: Specific Plan/PC: Site Size: Circulation: Existing conditions: Walter and Eric Froemke Walter and Eric Froemke 419 and 420 W. Brenna Lane Light Industrial (LI) M-1 (Light Manufacturing) No No 419 W. Brenna Lane: 0.66 Acres (28,236 square feet) 420 W. Brenna Lane: 0.74 Acres (32,223 square feet) One shared ingress/egress driveway located along the east side of the properties at the terminus of W. Brenna Lane, and shared interior drive aisle. 419 W. Brenna Lane: A 9,904 square foot industrial building utilized as a warehouse facility for automotive parts, 20 parking spaces, trash enclosure and related on-site improvements. 420 W. Brenna Lane: Surrounding land uses and Zoning: Previous Applications/Entitlements: A 11,232 square foot industrial building utilized as a warehouse for automotive parts, 23 parking spaces, trash enclosure and related on-site improvements. The property to the north is zoned R-3 (Residential Multiple Family) and developed with a three-story apartment complex, properties to the south and east are zoned M-1 (Light Manufacturing)/M-2 (Industrial) and developed with industrial buildings, properties to the west are zoned M-1 (Light Manufacturing) and developed with the rail road right-of-way and industrial buildings. 419 W. Brenna Lane: March 17, 2003: Planning Commission approved CUP to allow indoor retail sales of automobiles in conjunction with the operation of an auto restoration and repair facility for collectable and classic cars. May 21, 2007: Planning Commission approved CUP to allow retail automobile sales in the M-1 zone.

4 Page W. Brenna Lane: No previous entitlements located PROJECT DESCRIPTION As a preliminary step and requirement of the proposed projects, the applicant completed a Lot Line Adjustment (No. LL ) in order to merge the subject parcels with recently acquired 40 foot wide rail road right-of-way parcels, located along the west property lines. As a result of the lot merge, the total project site area for 419 W. Brenna Lane is 28,236 sq. ft. (.66 acres), and the total site area for 420 W. Brenna Lane is 32,223 square feet (.74 acres). 419 W. Brenna Lane: The applicant proposes a 5,442 square foot addition to an existing 9,904 square foot industrial building, for a total building area of 15,346 square feet. The existing building is currently utilized as a warehouse facility for an automotive parts supply business and will continue such use after the building expansion. The interior configuration of the existing building will remain the same with an entrance lobby, two (2) offices, two (2) restroom facilities and open warehouse space. The new addition will be configured to contain one (1) restroom facility and open warehouse space. The expanded building will have a total of 1,086 square feet of office area and 14,260 square feet of warehouse area. The main entrance to the building will be located on the south elevation, adjacent to the southeast corner of the building, three (3) entrance/exit doors will be located on the south and west elevations, and three (3) roll-up utility doors will be located on the south and west sides of the building. The exterior architecture of the building addition will have a flat roof that will match the contemporary design of the existing building, sandblasted concrete wall panels, and metal exit/ utility doors. Because the subject property is located within 50 feet of a residential zone to the north, Orange Municipal Code Section limits the height of the building addition to 20 feet; however, Section b, allows additional building height with approval of a Conditional Use Permit. The applicant proposes a building height of 22 feet 8 inches in order for the addition to match the height of the existing building, appear seamless, and provide a uniform appearance. The building addition, including new entry/exit doors, and roll-up utility doors will be painted in a light gray and white color scheme that will match the existing building. Proposed site improvements include a 30 foot wide shared access driveway and interior drive aisle, 14 parking spaces (8 Code required spaces and 5 surplus spaces), a double bin trash enclosure located at the southwest corner of the property, new 6 foot tall combination masonry and wrought iron fencing along the north and west perimeter boundaries, new water efficient landscape planters, and existing planters that will be replanted and refreshed to match the new landscaping.

5 Page W. Brenna Lane: The applicant proposes a 9,520 square foot addition to an existing 11,232 square foot industrial building, for a total building area of 20,752 square feet. The existing building is currently utilized as a warehouse facility for an automotive parts supply business and will continue such use after the building expansion. The existing interior building configuration will remain the same, with an entrance lobby, two (2) offices, two (2) restroom facilities, and open warehouse space. The new addition will be configured to contain one (1) restroom facility and open warehouse space. The expanded building will have a total of 810 square feet of office area and 19,942 square feet of warehouse area. The main entrance to the building will be located on the north elevation, adjacent to the northeast corner of the building, three (3) entrance/exit doors will be located on the north and west elevations, and three (3) roll-up utility doors will be located on the north and west sides of the building. The exterior architecture of the building addition will have a flat roof that will match the contemporary design of the existing building, sandblasted concrete wall panels, and metal exit/ utility doors. The building addition, including new entry/exit doors, and roll-up utility doors will be painted in a light gray and white color scheme to match the existing building. Proposed site improvements include a 30 foot wide shared access driveway and interior drive aisle, five (5) parking spaces, a double bin trash enclosure located at the northwest corner of the property, new 6 foot tall combination masonry and wrought iron fencing along the south and west perimeter boundaries, new water efficient landscape planters, and existing planters that will be replanted and refreshed to match the new landscaping. The project also includes a request for shared access and parking for both parcels. The property located at 419 W. Brenna Lane requires a total of eight (8) parking spaces, and 14 spaces have been provided. There is a surplus of six (6) parking stalls. The property located at 420 W. Brenna Lane requires a total of 10 parking spaces, and five (5) spaces have been provided. This property will be sharing five (5) surplus stalls located on the 419 W. Brenna Lane property. There will be one (1) surplus parking space provided for both properties. Parking calculations are included below: 420 W. Brenna Lane Office Warehouse Total Floor Area Code Requirement 810 sq. ft. 19,942 sq. ft. 20,752 sq. ft..5 spaces/ (< 25% of 1,000 sq. ft. of gross floor gross floor area area) (warehouse use) Parking Parking Required Provided W. Brenna Lane 1,086 sq. ft. (< 25% of gross floor area) 14,260 sq. ft. 15,346 sq. ft..5 spaces/ 1,000 sq. ft. of gross floor area (warehouse use) 8 14 Total: 18 19

6 Page 6 The warehouse facilities on both properties are utilized for the same business operation and share the same characteristics. Each has five employees, and the buildings are not open to the public. The hours of operation are Monday through Friday from 7:00 a.m. to 5:00 p.m. In order to ensure that adequate access and on-site parking will be available for both 419 and 420 W. Brenna Lane, a condition of approval has been included requiring a recorded document stipulating the reservation of the sites for access, circulation, and parking purposes for the duration of the use, prior to the issuance of building permits. Building Height Fence height Floor Area Ratio (FAR) Landscaping Development Standards Requirement Proposed Code Section Maximum of 20 feet when 419 W. Brenna Lane: 22 Table located within 50 feet of a feet 8 inches , and residential district. Additional (With Conditional Use (b) building height may be Permit approval) permitted with Conditional Use Permit approval. 420 W. Brenna Lane: May exceed 6 feet outside of front yard setback and when side yard is not adjacent to a public street. 22 feet 8 inches 6 feet tall B and C Maximum W. Brenna Lane: W. Brenna Lane:.64 Front 10 feet when adjacent to a local street. N/A - existing General Plan Land Use Element Table Combined Parking Areas: 10% 10% H 15 Trees and 5 gallon shrubs 15 Trees and 5 gallon shrub material H Parking (Warehouse Over 10,000 square feet) Setback, Front along Brenna Lane 419 W. Brenna Lane: 8 spaces 420 W. Brenna Lane: 10 spaces Total: 18 spaces 419 W. Brenna Lane: 10 feet 420 W. Brenna Lane: 10 feet 14 spaces 5 spaces Total: 19 spaces Existing: 10 feet Existing: 35 feet Table Setback, Rear 419 W. Brenna Lane: 0 feet 36 feet 4 inches Table

7 Page 7 (along rail road right-of-way) 420 W. Brenna Lane: 0 feet 16 feet 9 inches Setback, Interior Side 419 W. Brenna Lane: 0 feet 0 feet north side 38 feet south side Table W. Brenna Lane: 0 feet 39 feet north side 1 foot 6 in. south side APPLICATION(s) REQUESTED / REQUIRED FINDINGS Conditional Use Permits: The applicant is requesting approval of Conditional Use Permit applications for shared parking for 419 and 420 W. Brenna Lane and a 22 feet 8 inch building height adjacent to a residential zone for 419 W. Brenna Lane. 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. Minor Site Plans: The applicant is requesting approval of Minor Site Plan applications for additions to existing industrial buildings and related site improvements for 419 and 420 W. Brenna Lane. Required Findings: 1. The project design is compatible with surrounding development and neighborhoods. 2. The project conforms to City development standards and any applicable special design guidelines or specific plan requirements. 3. The project provides for safe and adequate vehicular and pedestrian circulation, both onand off-site. 4. City services are available and adequate to serve the project. 5. The project has been designed to fully mitigate or substantially minimize adverse environmental effects.

8 Page 8 REQUIRED INFORMATION FOR SHARED PARKING Pursuant to Orange Municipal Code Section Parking Requirements for Shared Use, the owner or lessee of any property may apply for a conditional use permit to establish shared parking facilities. The application shall be considered by the Planning Commission, subject to review of the following information: A. The applicant shall provide a description of the proposed and existing uses and the project relationship to the surrounding area: The applicant has provided Attachment 4 Statements of Explanation that describe the proposed uses of the properties and relation to the surrounding areas. The applicant has fulfilled this code obligation. B. The applicant shall provide an assessment of the square footage and/or number of rooms/seats for all uses within the project: The applicant has provided Attachment 6 Parking Demand Analysis which includes the business hours of operation, number of employees, building square footage, parking calculations, and characteristics of the business use for properties located at 419 and 420 W. Brenna Lane. Both expanded warehouse facilities will require a total of 18 parking spaces, and 19 spaces have been provided. There will be a total of 10 employees utilizing both properties between the hours of 7:00 a.m. and 5:00 p.m., Monday through Friday, and the buildings will not be open to the public. The applicant has fulfilled the intent of this code obligation. C. The applicant shall provide an assessment of the peak parking demand times for each use, the proximity to mass transit, and the impact of on-site market support: The applicant has provided Attachment 6 Parking Demand Analysis which, combined with operational observations, is the basis for staff to determine that the peak parking demand for 419 and 420 W. Brenna Lane would be tied to the maximum number of employees, days and hours of operation, and characteristics of the business use. There are a total of 10 employees that work between the hours of 7:00 a.m. to 5:00 p.m., Monday through Friday and the buildings are not open to the public. The existing business uses (warehouse facilities for automobile parts) on both properties will remain the same. Code requires a combined total of 18 parking stalls and 19 stalls have been provided, leaving a surplus of one (1) stall. The actual number of stalls utilized during business hours would be 10 for existing employees. In addition, there is a bus stop (Glassell-Wilson) located on North Glassell Street, less than one-quarter mile from the subject properties. There would be no on-site market support for the shared parking facilities since the only uses that would benefit are the warehouse facilities for the automotive parts supply business.

9 Page 9 D. The applicant shall calculate the peak parking demand for each use, including peak hours of a weekday or evening, and/or weekend: The applicant has provided Attachment 6 Parking Demand Analysis which, combined with operational observations, is the basis for staff to determine that peak parking demand would be tied to the maximum number of employees, days and hours of business operation, and characteristics of the business use. Since the existing business (warehousing of automobile parts) is the only business use that will be utilizing the combined parking at 419 and 420 W. Brenna Lane between the hours of 7:00 a.m. and 5:00 p.m., the peak parking demand is defined by the business type and its code obligated parking requirement, which is a total of 18 parking spaces for both properties or any other standard established by the Planning Commission. E. The applicant shall sum hourly parking demands, as calculated above, to arrive at a total peak hour parking demand volume: The applicant has provided Attachment 6 Parking Demand Analysis which, combined with operational observations, is the basis for staff to determine that peak parking demand would be tied to the maximum number of employees, days and hours of business operation, and characteristics of the business use. Since the existing business (warehousing of automobile parts) is the only business use that will be utilizing the combined parking at 419 and 420 W. Brenna Lane between the hours of 7:00 a.m. and 5:00 p.m., the peak parking demand is defined by the business type and its code obligated parking requirement, which is a total of 18 parking spaces for both properties or any other standard established by the Planning Commission. ANALYSIS/STATEMENT OF THE ISSUES Issue 1: Code Required Parking versus Actual Parking Need The subject properties require a total of 18 parking spaces, and 19 spaces have been provided. There are a total of ten (10) employees that work between the hours of 7:00 a.m. to 5:00 p.m., Monday through Friday and the buildings are not open to the public. The business use (warehouse facility for automobile parts) will remain the same. The actual number of parking spaces utilized for both properties would be 10, based on the combined total of employees and the fact that the business is not open to the public. Therefore, Staff believes that the proposed parking arrangement will adequately serve the sites. Issue 2: Building Height for Building Addition at 419 W. Brenna Lane The Orange Municipal Code limits building heights in the Light Manufacturing zone to 20 feet, when adjacent to a residential zone; however, the applicant is proposing a building addition that will match the height of the existing building (22 feet 8 inches) to provide a seamless and integrated design. When the industrial building was originally constructed, the height was in conformance

10 Page 10 with the zoning regulations; however, as a result of the 2010 General Plan update and in response to providing affordable housing options within the Lemon Street Corridor Focus Area, the property to the north was up-zoned from Light Manufacturing (M-1) to Residential Multi-family (R-3), which now makes the height of the existing industrial building legal non-conforming. In addition, the existing three-story multiple family residential apartment complex to the north exceeds the building height of the existing industrial building. Staff believes that the height of the proposed building addition will appear seamless and match the architecture and height of the existing building. The project will also be consistent with surrounding development in its massing, scale, design and function. Staff believes that the proposed building height will not have a negative impact on the adjacent residential property or other adjacent properties. ADVISORY BOARD RECOMMENDATION Streamlined, Multi-Disciplined, Accelerated Review Team: The Streamlined, Multi-Disciplined, Accelerated Review Team (SMART) considered the projects on June 22, 2016, October 19, 2016 and on November 30, 2016, and recommended approval of the proposals subject to conditions, all of which are listed herein. ATTACHMENTS/EXHIBITS Attachments to Report: 1. Planning Commission Resolution No. PC Planning Commission Resolution No. PC Vicinity map 4. Applicant s Statements of Explanation 5. Recorded Lot Line Adjustment No. LL Parking Demand Analysis for 419 and 420 W. Brenna Lane 7. Material Boards 8. Colored Elevations 9. Site Photos Exhibits: A. Submitted Plans (date stamped January 30, 2017) cc: Ken Hultgren 419 W. Brenna Lane Orange, CA Walter Froemke and Eric Froemke 419 W. Brenna Lane Orange, CA N:\CDD\PLNG\Applications\Conditional Use Permits\CUP , CUP Froemke Industrial Additions\PC Staff Report.doc