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HomeMy WebLinkAboutReso25-22_3600 S. Susan St Resolution No. 2025-22 Page 1 of 11 RESOLUTION NO. 2025-22 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2025-14 AS CONDITIONED TO ALLOW A LAND USE THAT REQUIRES A REGIONAL, STATE OR FEDERAL PERMIT TO HANDLE, STORE, EMIT OR DISCHARGE REGULATED COMPOUNDS, MATERIALS, CHEMICALS, OR SUBSTANCES WITHIN 1,000 LINEAR FEET OF A PUBLIC PARK, SCHOOL (K-12), OR RESIDENTIAL ZONE PURSUANT TO SANTA ANA MUNICIPAL CODE SECTION 41-199.4 IN THE SPECIFIC DEVELOPMENT NO. 58 (SD-58) ZONING DISTRICT FOR THE PROPERTY LOCATED AT 3600 S. SUSAN STREET (APN: 414-261-01) BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines, and declares as follows: A. Jeffrey Reese with C.J. Segerstrom & Sons (“Property Owner”), representing Anduril Industries (“Applicant”), is requesting approval of Conditional Use Permit (CUP) No. 2025-14, as conditioned, to allow a land use that requires a regional, state, or federal permit to handle, store, emit or discharge regulated compounds, materials, chemicals, or substances within 1,000 linear feet of a public park, school (K-12) as defined by Section 11362.768 of the Health and Safety Code, or residential zones, in the Specific Development No. 58 (SD-58) zoning district. Specifically, the Applicant is requesting approval to allow the installation of a 1,000-gallon above-ground exterior Jet-A fuel dispenser and interior paint booth at 3600 S. Susan Street (“Project”). B. On December 20, 2022, the City Council adopted an urgency ordinance (Ordinance No. NS-3035) adding Section 41-199.4 to the SAMC to require a CUP for noxious land uses located near sensitive land uses and sensitive receptors. The urgency ordinance required businesses requiring a regional, state, or federal permit to handle, store, emit or discharge regulated compounds, materials, chemicals, or substances within 500 linear feet of a public park, school (K-12), or residential zones, to obtain a conditional use permit. C. Subsequently, on February 7, 2023, the City Council approved a standard ordinance, Zoning Ordinance Amendment (ZOA) No. 2022-03 (Ordinance No. NS-3038), to require a CUP for businesses requiring a regional, state, or federal permit to handle, store, emit or discharge regulated compounds, Resolution No. 2025-22 Page 2 of 11 materials, chemicals, or substances within 500 linear feet of a public park, school (K-12), or residential zones. D. On June 20, 2023, the City Council approved ZOA No. 2023-01 (Ordinance No. NS-3044) amending Section 41-199.4 of the SAMC expanding the distance from 500 linear feet to 1,000 linear feet. E. On July 8, 2024, the Planning Commission held a public hearing and unanimously recommended approval of ZOA No. 2024-01. F. On August 6, 2024, the Santa Ana City Council approved the first reading of Ordinance No. NS-3068, and on August 20, 2024, the City Council approved and adopted ZOA No. 2024-01. G. On July 14, 2025, the Planning Commission held a duly noticed public hearing for Conditional Use Permit No. 2025-14. H. The Planning Commission of the City of Santa Ana has determined that the following findings, which must be established in order to grant a CUP pursuant to Section 41-638 of the SAMC, have been established for CUP No. 2025-14 to allow a land use that requires a regional, state, or federal permit to handle, store, emit or discharge regulated compounds, materials, chemicals, or substances within 1,000 linear feet of a public park, school (k- 12) or residential zones. 1. That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or community. The proposed Project will support high-tech manufacturing in the City, which will contribute to the community's general well- being by attracting new investment, expanding employment opportunities, and supporting the City’s goal of economic revitalization in Specific Development No. 58 (SD-58). Moreover, the Project has been designed to meet all applicable health, safety, and environmental standards and will not result in adverse impacts to nearby sensitive uses. The Project is part of a broader redevelopment effort that transforms underutilized office sites into a modern business and technology hub, supporting the City’s long-term economic development objectives and enhancing the surrounding area. 2. That the proposed use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. The Project has been carefully evaluated to ensure that it will not pose risks to public health, safety, or general welfare. The Jet-A fuel system includes both interior and exterior components designed with built-in safety measures such as Resolution No. 2025-22 Page 3 of 11 spill containment, automatic shut-off valves, and real-time monitoring. The system will comply with the California Fire Code and is subject to approval and inspection by the Orange County Fire Authority (OCFA). The indoor paint booth will be installed in a fully enclosed space and is designed with advanced ventilation and filtration systems to meet stringent air quality regulations established by the South Coast Air Quality Management District (SCAQMD). Emissions from the paint booth will remain well below regulatory thresholds for air pollutants, including nitrogen oxides and particulate matter. In addition, an independent hazardous materials assessment has confirmed that all substances stored and used at the site will remain within maximum allowable quantities (MAQs) and that the facility is not classified as a high-hazard occupancy. The site is fully sprinklered, and safety features will be built into the tenant improvements. 3. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The proposed Project will support the ongoing revitalization of the South Coast Technology Center and is anticipated to enhance the economic stability and future development potential of the surrounding area. The installation of a Jet-A fuel dispenser and an interior paint booth is essential to the operational needs of the proposed tenant, which is expected to generate skilled employment opportunities in Santa Ana. The subject site is located within SD-58, an area transitioning from traditional office use to modern industrial and business park development in response to changes in market demand. By supporting a prominent technology firm, the project will serve as a catalyst for economic growth, encourage further investment, and increase the desirability of the area for complementary businesses. The proposed noxious uses will be contained within a newly constructed, state-of-the-art industrial building that has been carefully designed to ensure compatibility with adjacent properties. There is no evidence that the proposed use will negatively impact property values or discourage future investment. Instead, the project aligns with the City’s General Plan goals to foster a dynamic local economy and enhance the viability of underutilized employment areas. Resolution No. 2025-22 Page 4 of 11 4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 of the SAMC for such use. The proposed Project complies with all applicable provisions of Chapter 41 of the Santa Ana Municipal Code (SAMC), including Section 41-199.4, which governs the review of noxious uses. The applicant has submitted detailed project plans and technical documentation demonstrating that the Jet-A fuel dispenser and interior paint booth will operate in full compliance with safety, environmental, and zoning regulations. The proposed uses are also consistent with the SD-58 zoning designation and will be conditioned to meet all requirements established by the Orange County Fire Authority (OCFA), South Coast Air Quality Management District (SCAQMD), and California Occupational Safety and Health Administration (Cal-OSHA). Moreover, the Project has been reviewed by City staff and other responsible agencies, and all required permits and conditions will be secured prior to installation. As conditioned, the Project meets the intent of Chapter 41 to protect public health and safety and ensure compatibility with surrounding land uses. 5. That the proposed use will not adversely affect the general plan of the city or any specific plan applicable to the area of the proposed use. Approval of the Project would be consistent with several goals and policies of the General Plan, specifically Goals 1 and 2 of the Land Use (LU) Element, Goal 2 of the Safety (S) Element, Goal 1 of the Economic Prosperity (EP) Element, and various environmental justice goals, policies, and objectives. Specifically, the Project is consistent with Goal LU-1 (Growing Responsibly) as it promotes compatibility between industrial uses and nearby sensitive land uses, such as residential neighborhoods and schools (Policy LU-1.1). The industrial components, including the Jet-A fuel dispenser and paint booth, are fully enclosed and located within a controlled environment, effectively mitigating potential impacts and preserving the integrity of adjacent uses. Moreover, the Project supports Goal LU-2 (Land Use Needs) as the development of innovative light industrial employment centers is consistent with the vision for the South Coast Technology Center. This aligns with the City’s goal of fostering economic diversification and enhancing opportunities for business development. The Project meets Goal S-2 (Hazardous Materials Protection) as the handling, storage, and dispensing of Jet-A fuel and other regulated substances are subject to strict compliance with OCFA, Cal/OSHA, and SCAQMD protocols. These measures ensure the Project meets the City’s standards for public safety and environmental stewardship. Furthermore, consistent with Goal EP-1 (Dynamic Local Economy) Resolution No. 2025-22 Page 5 of 11 the Project advances Santa Ana’s economic development objectives by attracting high-quality jobs and industrial investment. The presence of Anduril Industries supports policies EP-1.1 and EP-1.2, which promote advanced manufacturing, innovation, and the growth of a skilled workforce. Lastly, the Project contributes to the General Plan’s environmental justice objectives by minimizing air and chemical exposure in proximity to residential areas. Equipment used on-site includes spill containment and air filtration systems subject to routine inspections and permits issued by the South Coast Air Quality Management District (SCAQMD) and Orange County Fire Authority (OCFA). In addition, the Project complies with state and local oversight of hazardous materials, reinforcing the City’s commitment to community health and environmental safety. Moreover, the CUP process includes independent regulatory reviews, consistent with the General Plan’s call for increased transparency and public protection. Section 2. Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review per Section 15183 (Projects Consistent with a Community Plan, General Plan, or Zoning) of the CEQA Guidelines. The proposed land use is accessory to the previously approved industrial development and are consistent with the types of activities anticipated and evaluated in the prior environmental analysis for the South Coast Technology Center project (i.e., ZOA No. 2024-01). Again, the original environmental analysis was conducted for the South Coast Technology Center project, which evaluated potential impacts in key areas such as air quality, hazardous materials, traffic, noise, and water quality. That review was completed in accordance with CEQA and the CEQA Guidelines and found that the Project was consistent with the City's General Plan and the certified General Plan Update Program Environmental Impact Report (GPU PEIR). The Project is also exempt from further review per Section 15303 (Class 3- New Construction or Conversion of Small Structures). The proposed Project includes the construction of limited number of small facilities/structures to facilitate the construction and installation of the Jet-A fuel dispenser and an interior paint booth. Based on this analysis, a Notice of Exemption, Environmental Review No. 2025-46, will be filed for this Project. Section 3. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, referendum, and other proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively “Actions”), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or Resolution No. 2025-22 Page 6 of 11 any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve the legal counsel providing the City’s defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action. Section 4. The Planning Commission of the City of Santa Ana, after conducting the public hearing, hereby approves Conditional Use Permit No. 2025-14, as conditioned in Exhibit A, attached hereto and incorporated herein, to allow a land use that requires a regional, state, or federal permit to handle, store, emit or discharge regulated compounds, materials, chemicals, or substances within 1,000 linear feet of a public park, school (K- 12) or residential zones in the Specific Development No. 58 (SD-58) zoning district located at 3600 S. Susan Street, based on the findings contained in Section 1. This decision is based upon the evidence submitted at the above-referenced hearing, including but not limited to: The Request for Planning Commission Action dated July 14, 2025, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 14th day of July, 2025. AYES: Commissioners: Carl Benninger, Manuel J. Escamilla, Christopher Leo, Bao Pham, Jennifer Oliva, Isuri Ramos, Alan Woo (7) NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: _______________________ Jennifer Oliva Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:________________________ Melissa M. Crosthwaite Senior Assistant City Attorney Resolution No. 2025-22 Page 7 of 11 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, GEMA ZAPIEN, Acting Recording Secretary, do hereby attest to and certify the attached Resolution No. 2025-22 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on July 14, 2025. Date: ________________ ____________________________________ Gema Zapien Recording Secretary City of Santa Ana 07/14/2025 Resolution No. 2025-22 Page 8 of 11 EXHIBIT A Conditions of Approval for Conditional Use Permit No. 2025-14 Conditional Use Permit (“CUP”) No. 2025-14 allowing the operation of a land use that requires a regional, state, or federal permit to handle, store, emit or discharge regulated compounds, materials, chemicals, or substances within 1,000 linear feet of a public park, school (K-12) or residential zones to be approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code, and all other applicable regulations. The Applicant must comply with each and every condition listed below in order to exercise the rights conferred by this CUP. The Applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of this CUP. 1. All proposed site improvements must conform to the Development Project Review (DP No. 2023-37) and the staff report exhibits. 2. The Project shall be developed and operated in substantial conformance with the plans and information submitted to and approved by the Planning Commission, except as modified by these conditions. 3. Any proposed amendment to this CUP must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or if the CUP must be amended. 4. Prior to installation and operation, the Applicant shall obtain all required permits and clearances from the Orange County Fire Authority (OCFA) for the Jet-A fuel tank, dispensing system, and any associated hazardous materials storage. 5. The fuel tank and dispensing system shall include secondary containment, automatic shutoff systems, and spill prevention features as required by applicable fire codes. 6. The Applicant shall prepare and maintain an emergency response plan addressing fuel handling, spill response, and paint booth safety procedures, subject to review and approval by OCFA. 7. The paint booth shall be permitted through the South Coast Air Quality Management District (SCAQMD) and shall comply with all emission limits and equipment standards, including proper filtration and ventilation. 8. All spray booth operations shall occur indoors. Exterior painting or surface coating activities is prohibited. Resolution No. 2025-22 Page 9 of 11 9. The Applicant shall implement a routine maintenance and inspection program for both the fuel dispensing system and paint booth to ensure proper functionality, leak detection, and regulatory compliance. 10. The Jet-A fuel dispenser shall be used solely for testing and maintenance of equipment manufactured onsite. Retail or third-party fueling shall be prohibited. 11. All hazardous materials stored onsite shall remain below the Maximum Allowable Quantities (MAQs) per the California Fire Code. No high-hazard occupancy shall be established without further review. 12. The exterior fuel tank shall be screened to the extent feasible using existing or supplemental landscaping, and no existing required landscape area shall be removed or reduced. 13. The final site plan shall demonstrate a minimum of 162 on-site parking spaces. Any reduction below this threshold shall require City review and approval to determine if modification may be approved or if any relief is available. 14. Operations associated with the fuel system and paint booth shall not generate noise or odors in violation of the SAMC. 15. Copies of all required permits and agency approvals (e.g., OCFA, SCAQMD, Cal- OSHA) shall be submitted to the City of Santa Ana Planning Division prior to operation. 16. Prior to final sign-off, the Applicant shall provide evidence of compliance with all conditions of approval, subject to review by the Planning and Building Agency. 17. Copies of all required entitlements, permits, and agency approvals (e.g., City of Santa Ana, OCFA, SCAQMD, Cal-OSHA), shall be kept at the business at all times and be made available to any City official upon request. 18. The Applicant shall maintain the site as necessary, including, but not limited to: the repair and upkeep of the property; cleanup of trash and debris; repair and upkeep of any damaged and/or weathered components of the building; repair and upkeep of exterior paint; parking striping, lighting and irrigation fixtures; landscaping and related landscape, furnishing, and hardscape improvements. 19. Violations of this CUP as contained in Section 41-647.5 of the Santa Ana Municipal Code will be grounds for permit suspension and/or revocation as described in Section 41-651 of the Santa Ana Municipal Code. 20. Subject to review and applicability by the Planning and Building Agency, the Community Development Agency, the Public Works Agency, and the City Attorney, to ensure that the property and all improvements located thereupon are properly maintained, Applicant (and the owner of the property upon which the authorized Resolution No. 2025-22 Page 10 of 11 use and/or authorized improvements are located if different from the Applicant) shall execute a Property Maintenance Agreement. The Agreement shall be recorded against the property by the City and shall be in a form reasonably satisfactory to the City Attorney. The executed Agreement must be submitted to the Planning Division by the Applicant within 90 days of the approval of this Resolution. The Agreement shall contain covenants, conditions and restrictions relating to the following: a. Compliance with operational conditions applicable during any period(s) of construction or major repair (e.g., proper screening and securing of the construction site; implementation of proper erosion control, dust control and noise mitigation measure; adherence to approved project phasing, etc.); b. Compliance with ongoing operational conditions, requirements and restrictions, as applicable (including, but not limited to, hours of operation, security requirements, the proper storage and disposal of trash and debris, enforcement of the parking management plan, and/or restrictions on certain uses); c. Ongoing compliance with approved design and construction parameters, signage parameters and restrictions as well as landscape designs, as applicable; d. Ongoing maintenance, repair and upkeep of the property and all improvements located thereupon (including, but not limited to, controls on the proliferation of trash and debris about the property; the proper and timely removal of graffiti; the timely maintenance, repair and upkeep of damaged, vandalized and/or weathered buildings, structures and/or improvements; the timely maintenance, repair and upkeep of exterior paint, parking striping, lighting and irrigation fixtures, walls and fencing, publicly accessible bathrooms and bathroom fixtures, landscaping and related landscape improvements and the like, as applicable); e. If Applicant and the owner of the property are different (e.g., if the Applicant is a tenant or licensee of the property or any portion thereof), both the Applicant and the owner of the property shall be signatories to the Agreement and both shall be jointly and severally liable for compliance with its terms. f. The Agreement shall further provide that any party responsible for complying with its terms shall not assign its ownership interest in the property or any interest in any lease, sublease, license or sublicense, unless the prospective assignee agrees in writing to assume all of the duties and obligations and responsibilities set forth under the Agreement. g. The Agreement shall contain provisions relating to the enforcement of its conditions by the City and shall also contain provisions authorizing the City to recover costs and expenses which the City may incur arising out of any Resolution No. 2025-22 Page 11 of 11 enforcement and/or remediation efforts which the City may undertake in order to cure any deficiency in maintenance, repair or upkeep or to enforce any restrictions or conditions upon the use of the property. The Agreement shall further provide that any unreimbursed costs and/or expenses incurred by the City to cure a deficiency in maintenance or to enforce use restrictions shall become a lien upon the property in an amount equivalent to the actual costs and/or expense incurred by the City. h. The execution and recordation of the Agreement shall be a condition precedent to issuance of building permits.