RES-8994 Approving Variance No. 2035-97RESOLUTION NO. 8994
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 VARIANCE TO ALLOW A
WAIVER OF ADDITIONAL PARKING SPACES
REQUIRED FOR THE CONVERSION OF 480 SQUARE
FEET OF INDUSTRIAL SPACE TO COMMERCIAL USE
AND A WAIVER OF THE MAXIMUM HEIGHT LIMIT
FOR A FENCE LOCATED IN REQUIRED YARDS UPON
PROPERTY LOCATED ON THE SOUTHWEST CORNER
OF CYPRESS STREET AND MAPLE AVENUE.
Variance 2035-
97 Applicant: Gary Mead (P.J.'s Depot
Express)
RECITALS:After report thereon by the Planning Commission and after due public hearing as
required by law, and after receiving a recommendation from the Planning Commission,
recommending,by Resolution No. PC 44-97, that Variance 2035-97 be approved to
waive parking requirements contained in Orange Municipal Code Section 17,34.060 and to waive the
maximum fence height requirements contained in Orange Municipal Code Section 17.10.040,
the City Council considered said recommendation and the testimony received at said
public hearing and determined that the recommendation of the Planning Commission should be
upheld and Variance 2035-
97 should be granted.Said property is more
particularly described as follows:LOTS 1, 2, AND 3, AS SHOWN IN A MAP OF
BLOCK B OF THE HALLADAY TRACT, A SUBDIVISION OF THE
WESTERN HALF OF LOT 22 OF THE RICHLAND FARMS LOTS,
RANCHO SANTIAGO DE SANTA ANA, RECORDED IN BOOK 1, PAGE
65, MISCELLANEOUS RECORDS OF LOS ANGELES
COUNTY, JUNE 22,1887.Upon the public hearing before the City Council, the
following facts were established:1. The applicant, Gary Mead is the owner of an industrial
building situated on the south side of Maple Avenue between Atchison and Cypress Streets,
addressed as 190 North Cypress Street. He currently operates a packaging and distribution business
at this location and proposes to convert a 480 square foot portion ofthe building into
a retail food service.2. In order to develop the Project and in conjunction with
this variance request, the applicant is also proposing to reclassifY the property from the Santa
Facili.ties Zone to the Santa Fe Depot Area Commercial Zone because the site's "Public
Facili.ties" designation does not permit commercial retail use.
3. The City has prepared an Initial Study to ascertain whether the proposed project
will have a significant effect on the environment, and, pursuant to the findings contained therein,
has prepared Negative Declaration 1529-97 (the "Negative Declaration"). The Initial Study
and Negative Declaration were presented to the members of the City Council and the City
Council has approved the Negative
Declaration,4. The Plarming Commission recommended approval of applicant's request for
a variance because special circumstances apply to this property, whereby the strict application
of the zoning code would deprive the property of the privileges enjoyed at other private
properties in the: vicinity, Those special circumstances include its location near public parking facilities
and transportation center surroundings, with access by rail and bus services, and its location
with frontage on three public streets, making the parking and fence height requirements
particularly onerous on this particular
property.5. The applicant's proposed commercial use is consistent with the balance of
private prope:rty in the area described in the Santa Fe Depot Specific Plan and is consistent with
the General
Plan.NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Orange that Variance 2035-97 be granted for the
following reasons:1. The foregoing recitals are true
and correct.2, Special circumstances apply to this property such that the strict
application the parking and fence height requirements in the code would deprive the property of
the privileges enjoyed at other similar properties in
the vicinity.3. The variance is consistent with the City's
General Plan.4. The variance allows a use that is expressly authorized by the Santa
Fe Depot
Specific Plan.5. The variance is subject to conditions to assure that it will not constitute a
grant of special privileges which are inconsistent with the parking and fencing limitations
placed upon other similar properties in
the vicinity.BE IT FURTHER RESOLVED that the following conditions are
proposed
with approval:1. Within two (2) days of final approval of this project, the applicant shall
deliver to the Plarming Division a cashiers check payable to the County Clerk, in an amount
required to fulfill the fee requirements of Fish and Game Code Section 711.4(d)(2) and
the County Reso No.
administrative fee, to enable the City to file the Notice of Determination required under Public
R,esource Code 21152 and 14 Cal. Code of Regulations 15075, Ifit is determined that there will
be no impact upon wildlife resources, the fee shall be $38.00. If the applicant has not delivered
the required fees within such two day period, approval for the project granted herein shall be
void.
2. The construction of interior retail space, including display, refrigerators, coolers,
and merchandise storage associated with retail activity, is limited to 480 square feet of sales area.
Any expansion of retail space is subject to review and approval by the Planning Commission,
through an appropriate application.
3. 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
th,e City arising out of its approval of this variance, save and except that caused by the City's
active negligence.
4. The applicant shall comply with all federal, state and local laws. Violation of any
ofthose laws in connection with the use will be cause for revocation of this variance.
The following code provisions are applicable to this project and are included for
information only. This is not a complete list of requirements, and other code provisions may
apply to the project.
Prior to issuance of building permits, the applicant shall pay all applicable development fees,
including but not limited to: Transportation System Improvement Program, ire Facility,
Police Facility, Park Acquisition, Sanitation District, School District, and Eastern Foothill
Transportation Corridor fees, as required,
Any variance expires automatically if it is abandoned or inactive for a period of 24 months
from the date of approval. An extension of time may be permitted upon a written request, if
received before the expiration deadline.
Adopted the 25th day of August, 1998.
ATTEST:
d,
City Clerk oft
3 Reso No, 8994
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 25th day of
August, 1998, by the following vote:
AYES:COUNCIL MEMBERS: MURPHY, SLATER, COONTZ, SPURGEON, ALVAREZ
NOES:COUNCIL MEMBERS: NONE
ABSENT:COUNCIL MEMBERS: NONE
ABSTAIN:COUNCIL MEMBERS: NONE
U4-1A~~
d-City Clerk oft ity of
Orange Reso No. 8994