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Home My WebLink About31C - CUP - ONTRAC EXPRESSREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 17, 2014 TITLE: CONDITIONAL USE PERMIT NO. 2014 -14 TO ALLOW AN OVERNIGHT DELIVERY OPERATION FOR ONTRAC EXPRESS MESSENGER WITHIN THE LIGHT INDUSTRIAL (M -1) ZONE LOCATED AT 1951 EAST CARNEGIE AVENUE - MATT CEREGHINO, APPLICANT TY MANAGE RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file the staff report approving Conditional Use Permit No. 2014 -14 as conditioned. PLANNING COMMISSION ACTION On May 27, 2014, the Planning Commission adopted a resolution approving Conditional Use Permit No. 2014 -14 as conditioned by vote of 7:0 to allow a facility to receive, sort, transfer and ship packages by overnight delivery by OnTrac Express Messenger located at 1951 East Carnegie Avenue in the Light Industrial (M -1) zoning district. The Planning Commission made no changes to the recommended conditions of approval outlined in the attached staff report (Exhibit A). OnTrac Express Messenger is requesting approval of a conditional use permit to allow the overnight delivery operation, occupying the entire 97,677 square foot existing industrial building. Minor improvements to the building are proposed, including the installation of a conveyer system and interior tenant improvements. Full sized plans are available for public viewing in the Clerk of the Council Office. FISCAL IMPACT There is no fiscal impact associated with this action. Karen Haluza Interim Executive Director Planning & Building Agency SK:rb 5k:Rep0ft1CUP14 -14.W Exhibit: A. Planning Commission Staff Report 31 C -1 31 C -2 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: MAY 27, 2014 TITLE: PUBLIC HEARING — FILED BY MATT CEREGHINO FOR ONTRAC EXPRESS MESSENGER FOR CONDITIONAL USE PERMIT NO. 2014 -14 TO ALLOW AN OVERNIGHT DELIVERY OPERATION WITHIN THE LIGHT INDUSTRIAL (M•1) ZONE LOCATED AT 1951 EAST CARNEGIE AVENUE Prepared by Sergio Klotz Interim Executiv Direc' RECOMMENDED ACTION PLANNING COMMISSION SECRETARY APPROVED ❑ As Recommended ❑ As Amended ❑ Set Public Hearing For DENIED ❑ Applicant's Request ❑ Staff Recommendation CONTINUED TO Acting Iflanning K4Znager Adopt a resolution approving Conditional Use Permit No. 2014 -14 as conditioned. DISCUSSION Request of Applicant Matt Cereghino, representing OnTrac Express Messenger, is requesting approval of a conditional use permit for an overnight delivery operation within the Light Industrial (M -1) Zone at 1951 East Carnegie Avenue. Establishments that receive, sort, transfer and ship freight, such as an overnight delivery service, require a conditional use permit pursuant to Section 41 -472.5 of the Santa Ana Municipal Code (SAMC). Project Location and Site Description The applicant proposes to operate OnTrac Express Services, an overnight delivery operation on a 4.29 acre parcel of land. The proposed use will reuse a vacant 97,677 square foot industrial building. The site is located on the north side of Carnegie Avenue between Pullman Street and Redhill Avenue. The business will occupy the entire existing industrial building. A total of 131 parking spaces have been provided. The site is surrounded by industrial uses to the west, north, south and east (Exhibits 1, 2 and 3). Project Description OnTrac Express Messenger is requesting approval of a conditional use permit to allow the overnight delivery operation, occupying the entire 97,677 square foot existing industrial building. Minor improvements to the building are proposed, including the installation of a conveyer system and interior tenant improvements. EXHIBIT A 31 C -3 Conditional Use Permit No. 2014 -14 May 27, 2014 Page 2 OnTrac will operate an overnight delivery operation which includes receiving, sorting and delivering of packages. The operation will also provide the general public the ability to pick up and drop off packages at the subject site. The facility is anticipated to operate in morning (3:00 a.m. to 7:00 a.m.) and afternoon /evening shifts (4:00 p.m. to 7:30 p.m.) during the week. The morning shift anticipates approximately 25 employees and the aftemoon /evening shift 10 employees. The peak operation occurs in the morning hours. During the operation, primarily cargo vans will arrive dropping off or picking up packages. The van operators are independent contracted service providers hired by OnTrac for the package delivery operation. The general public pick up and drop off will operate from 8:00 a.m. to 6:00 p.m., Monday through Friday (Exhibits 4, 5 and 6). Project Backaround The proposed OnTrac Express Messenger facility will provide delivery service from San Clemente to Fullerton. The location proposed in Santa Ana is a duplication of other existing facilities utilized in a similar function. Approximately 9,000 packages that are delivered by two 53 -foot long trailer trucks are anticipated to be processed daily. The deliveries are accomplished by 75 contracted service providers that utilize cargo vans. While the peak operation occurs during the morning hours, a small percentage of vans return in the afternoon. None of the cargo vans are kept on -site overnight. General Plan and Zoning Consistency The General Plan land use designation for the site is industrial (IND). The Industrial districts of the City are vital to its economic health. These areas provide employment opportunities for local residents, and generate municipal revenues for continued economic development. As one of the County's oldest cities, Santa Ana has long been an industrial center for the region. The City's goal is to maintain this strong industrial base by setting land use policies which preclude the intrusion of less intensive commercial or residential uses. Typical uses found in this district include light and heavy product manufacturing and assembly. The proposed project, an overnight delivery facility, is consistent with this General Plan land use designation. The zoning designation for the site is Light Industrial (M1). The proposed use of the land is an operation that receives, sorts and delivers packages, all which are considered light industrial. Along with the primary light manufacturing operation, administrative office and service component will occur. The M1 zone allows limited office and services that are ancillary to the primary use. The proposed use is consistent with the M1 zone. Project Analysis OnTrac proposes to locate a regional distribution center within the M1 zone to assist in their network of overnight package delivery operation. The primary function of the facility is to receive, sort and ship packages to consumers and small businesses. 31 C -4 Conditional Use Permit No. 2014 -14 May 27, 2014 Page 3 The Santa Ana Municipal Code (SAMC) requires a conditional use permit for freight, bus and truck terminals. Section 41 -60 of the SAMC defines such a terminal as a facility used to receive, sort, transfer and ship freight, such as packages by an overnight delivery service. OnTrads proposed facility meets this definition and a conditional use permit is required in the M1 zone. Due to the nature of the business, packages are delivered on a daily basis via large trailer trucks to the site. The packages are unloaded onto a conveyer system that sorts and organizes the packages for final destination. The sorted items are then placed onto cargo vans that arrive primarily in the morning hours. The cargo vans will enter the building and are then loaded. Once loaded, the vans will exit the building and travel to their final delivery destination. Packages are not stored overnight but rather delivered same day. With the exception of some trailer trucks, no other vehicles will be stored on -site or within the building. The proposed project is a light industrial use with a small office and service component consistent with the M1 zone provisions for ancillary services. The office space is well under the maximum 30 percent allowance and the service area allowing the public to drop or pick up items will be under the maximum five percent threshold. Conditional Use Permit requests are governed by Section 41 -638 of the SAMC. Conditional Use Permit requests may be granted when it can be shown that the following can be established: • That the proposed use will provide a service or facility that will contribute to the general well- being of the neighborhood or community. • 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. • That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. • That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. • 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. If these findings can be made, then it is appropriate to grant the conditional use permit. Conversely, the inability to make these findings would result in a denial. Using this information staff has prepared the following analysis, which, in turn forms the basis for the recommendation contained in this report. 31 C -5 Conditional Use Permit No. 2014 -14 May 27, 2014 Page 4 In analyzing the conditional use permit request, staff believes that the following findings of fact warrant approval of the conditional use permit. The proposed overnight delivery operation will provide a service to both individuals and other businesses that wish to send or receive packages. This will thereby benefit the community by providing an opportunity to quickly ship packages used in the normal course of business. Conditions have been placed on the facility which will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. The proposed overnight delivery operation at this location will not be detrimental to persons working in the vicinity because conditions have been placed on the operation that will mitigate any potential negative or adverse impacts created by the use. In addition, the use is located within the Light Industrial (M -1) Zone, consistent with other light manufacturing uses. The proposed use will not adversely affect the economic stability of the area, but will instead allow businesses and individuals to send or receive packages to the local and regional consumer. Moreover, the overnight delivery use allows the industrial base to remain economically viable and contributes to the overall success of Santa Ana, helping to decrease the number of vacant tenant spaces that may affect the economic viability of the site and area. • As conditioned, the proposed use will be in compliance with regulations and conditions that are imposed on an overnight delivery facility pursuant to Chapter 41 of the Santa Ana Municipal Code. • The proposed use will not adversely affect the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. Allowance of an overnight delivery facility to ship and receive packages in a timely manner will assist the local Santa Ana business community and regional businesses. Further, the allowance of the facility contributes to the economic success of the City as a light manufacturing destination. Policy 2.8 of the Land Use Element promotes the rehabilitation of commercial properties, and encourages increased levels of capital investment. The re- tenanting of the vacant industrial building and tenant improvements further supports this policy. The project is also consistent with Policy 5.4 of the Land Use Element, supporting land uses which are consistent with the Land Use Plan of the Land Use Element. As proposed, the project is consistent with the Industrial (IND) land use designation. Public Notification The project site is not located within the boundaries of a neighborhood association, with the closest neighborhood over one mile from the site. The project site was posted with a notice advertising this public hearing, and a notice was published in the Orange County Reporter, and mailed notices were sent to all property owners and tenants within 500 feet of the project site. At the time of this printing, no correspondence, either written or electronic, had been received from any members of the public. 31 C -6 Conditional Use Permit No. 2014 -14 May 27, 2014 Page 5 CEQA Compliance In accordance with the California Environmental Quality Act the recommended action is exempt from further review per Section 15061(b)(3), which is a general rule exemption where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. The project will have no significant effect on traffic, noise, air quality or water quality. Re- tenanting an existing industrial space with no building expansion would not result in any effect on the environment. As all public services and facilities are available at this location to allow the re -use of the industrial space and the project area is not environmentally sensitive, this exemption is warranted for this project. Categorical Exemption Environmental Review No. 2014 -15 will be filed for this project. Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission approve Conditional Use Permit No. 2014 -14 as conditioned. Z?A� Se lotz, AICP Principal Planner SK:jm skACUP14 -14.pc Attachments: Exhibit 1 —Vicinity Map Exhibit 2 — Location Map Exhibit 3 — Site Photograph Exhibit 4 — Site Plan Exhibit 5 — Floor Plan Exhibit 6 — Mezzanine Plan 31 C -7 CUP 2014 -14 ONTRAC DELIVERY — y. 1951 EAST CARNEGIE AVENUE — _500 FEET 1000 FEET P L A N N I N G _ A N D B U I L D I N G A G E N C Y EXHIBIT 1 VICINITY MAP 31 C -8 ��rycc'p LJ LJ Ml Q M1 L7 1 Lbl MI yAP b M7 I I i + / 4 CS M7 \ MI P' 3 MI ` t r yy P M1 / MI � P \ 9e�0 P P / f T Clty ouslin ry . / P A i 4`\ / .ry o % Qg Al CaOHALAD4GIL Li CR C054AH FESDBRLAL RI SNDEWLYR DDOK -0 p1 WMODFWON GC GQMff MMTCB4U R MOFAMILYROMa G-W DMAEROAL9]UIHMAIN Mt I INDUSRiAL W MULTPL O0 WMLVIRE cl COMMUN COMMDOAL MY HEW/INDMMR i#MILYFODe<E C -MO COKW CCMHA&OAUML� DSRCT MO MILRAR /OFBiATONS m SJB"NAFARIMBdiS CY ON6 OOWEFOAL 0 OF54 AGE R: fooem_MRIE 0 C&MTiL"9 P WGISSONL 9F0R D.B.CAAHQI G A C8MT34 OBNMAR M IAM RV FLAMED COMMMW DEvSJDFM%T TMAGRPN U RPNN &1CPRNG[@R&i RO RA FIBORJ LO OFMWT C5 AMRALCOMMEIOAL CUP 2014 -14 ONTRAC DELIVERY — y. 1951 EAST CARNEGIE AVENUE — _500 FEET 1000 FEET P L A N N I N G _ A N D B U I L D I N G A G E N C Y EXHIBIT 1 VICINITY MAP 31 C -8 CUP 2014 -14 ONTRAC DELIVERY kN 1951 EAST CARNEGIE AVENUE P L A N N I N G A N D B U I L C I N G A G E N C Y LAND USE MAP EXHIBIT 2 31 C -9 a Wt y a. a I E i r? 3!M 3MI3 •_.. . q . :... nil vaav aevsoesl .• ,•••• C /L. MNEGIE AVENUE �i Va s C Stl ev ° M a qb a GAS d_ � i� Ftl k`..pR aDn �p 3 CHI 4 w e�ncece 3 €c tl u K �Fa t @e !sE z 22 Chia �i w 4 Z i t I w O " .., 3lfrl 3;114 3rvtl4 3119 -..0- el k � iI i. i N4 t`f rt I4 ow.,. z a l 3!M 3MI3 •_.. . q . :... nil vaav aevsoesl .• ,•••• C /L. MNEGIE AVENUE �i Va s C Stl ev ° M a qb a GAS d_ � i� Ftl k`..pR aDn �p 3 CHI 4 w e�ncece 3 €c tl u K �Fa t @e !sE O z IF Ill li I Wmi if OF '1J I F I B LT-5 31ye-12 Cl ----- -- 0. xi I 31 C -13 oW Cl ----- -- 0. xi I 31 C -13 ROH - 05/27/14 RESOLUTION NO. 2014 -18 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2014 -14 AS CONDITIONED TO ALLOW AN OVERNIGHT DELIVERY OPERATION IN THE LIGHT INDUSTRIAL (M1) ZONING DISTRICT FOR THE PROPERTY LOCATED AT 1951 EAST CARNEGIE AVENUE 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. The applicant is requesting approval of Conditional Use Permit No. 2014- 14 to allow an overnight delivery operation in the Light Industrial (M1) zoning district for the property located at 1951 East Carnegie Avenue. B. Conditional Use Permit No. 2014 -14 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on May 27, 2014. C. Santa Ana Municipal Code Section 41- 472.5(1) allows establishments that receive, sort, transfer and ship freight, such as an overnight delivery service, in the M1 zoning district, subject to the issuance of a conditional use permit. D. Santa Ana Municipal Code Section 41- 638(a)(1) authorizes the Planning Commission to grant a conditional use permit upon making certain findings. 1. That the proposed use will provide a service or facility, which will contribute to the general well being of the neighborhood or the community. The proposed overnight delivery operation will provide a service to both individuals and other businesses that wish to send or receive packages. This will thereby benefit the community by providing an opportunity to quickly ship packages used in the normal course of business. Conditions have been placed on the facility which will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. Resolution No. 2014 -18 Page 1 of 5 31C-14 2. That the proposed use will 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 proposed overnight delivery operation at this location will not be detrimental to persons working in the vicinity because conditions have been placed on the operation that will mitigate any potential negative or adverse impacts created by the use. In addition, the use is located within the Light Industrial (M -1) Zone, consistent with other light manufacturing uses. 3. That the proposed use will adversely affect the present economic stability or future economic development of properties surrounding the area. The proposed use will not adversely affect the economic stability of the area, but will instead allow businesses and individuals to send or receive packages to the local and regional consumer. Moreover, the overnight delivery use allows the industrial base to remain economically viable and contributes to the overall success of Santa Ana, helping to decrease the number of vacant tenant spaces that may affect the economic viability of the site and area. 4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. As conditioned, the proposed use will be in compliance with regulations and conditions that are imposed on an overnight delivery facility pursuant to Chapter 41 of the Santa Ana Municipal Code. 5. That the proposed use will adversely affect the General Plan or any specific plan of the City. The proposed use will not adversely affect the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. Allowance of an overnight delivery facility to ship and receive packages in a timely manner will assist the local Santa Ana business community and regional businesses. Further, the allowance of the facility contributes to the economic success of the City as a light manufacturing destination. Policy 2.8 of the Land Use Element promotes the rehabilitation of commercial properties, and encourages increased levels of capital investment. The re- tenanting of the vacant industrial building and tenant improvements further supports this policy. The project is also consistent with Policy 5.4 of the Land Use Element, supporting land uses which are Resolution No. 2014 -18 Page 2 of 5 31 C -15 consistent with the Land Use Plan of the Land Use Element. As proposed, the project is consistent with the Industrial (IND) land use designation. E. In accordance with the California Environmental Quality Act the recommended action is exempt from further review per Section 15061(b)(3), which is a general rule exemption where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. The project will have no significant effect on traffic, noise, air quality or water quality. Re- tenanting an existing industrial space with no building expansion would not result in any effect on the environment. As all public services and facilities are available at this location to allow the re -use of the industrial space and the project area is not environmentally sensitive, this exemption is warranted for this project. Categorical Exemption Environmental Review No. 2014- 15 will be filed for this project. Section 3. The Planning Commission of the City of Santa Ana, after conducting the public hearing, hereby approves Conditional Use Permit No. 2014 -14, as conditioned in Exhibit "A" attached hereto and incorporated herein, to allow an overnight delivery operation in the M1 zoning district for the property located at 1951 East Carnegie Avenue. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Planning Commission Action dated May 27, 2014, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 27th day of May, 2014 by the following vote: AYES: Commissioners: Alderete, Bacerra, Bauer, Gartner, Mill, Nalle, Yrarrazaval(7) NOES: Commissioners: None (0) ABSENT: Commissioners: None (0) ABSTENTIONS: Commissioners: None (0) Eric Alderete Chairperson Resolution No. 2014 -18 Page 3 of 5 31 C -16 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Ryan O. Hodge Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, ROSA BARELA, Acting Recording Secretary of the Planning Commission, do hereby attest to and certify the attached Resolution No. 2014 -18 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on May 27, 2014. Date: Acting Recording Secretary of the Planning Commission City of Santa Ana 31 C -17 Resolution No. 2014 -18 Page 4 of 5 EXHIBIT A Conditions for Conditional Use Permit No 2014 -14 Conditional Use Permit No. 2014 -14 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all 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 in full with each and every condition listed below rip or to exercising the rights conferred by this conditional use permit. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use pen-nit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. 1. All proposed site improvements must conform to the Site Plan Review approval of DP No. 2014 -04. 2. Any amendment to this conditional use permit must be submitted to the Planning Division for review. At this time, staff will determine if administrative relief is available or the conditional use permit must be amended. 3. Any graffiti painted or marked upon the premises or on any adjacent area under the control of the licensee(s) shall be removed or painted within 24 hours of being applied. Prior to issuance of a Certificate of Occupancy, the existing property and required parking must conform to the provisions of Chapter 8, Article II, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). These code conditions will require that the existing project lighting and addressing be upgraded to current code standards. Lighting standards cannot be located in required landscape planters. 5. Prior to issuance of the certificate of occupancy, construct a trash enclosure to city requirements as approved by the Planning and Building Agency. Resolution No. 2014 -18 Page 5 of 5 31 C -18