RES-8485 Granting Variance No. 1987-95RESOLUTION NO. 8485
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
DEVIATION FROM LANDSCAPING REQUIREMENTS
AND AN ADMINISTRATIVE ADJUSTMENT TO REDUCE
DRIVE AISLE WIDTH
VARIANCE 1987-
95 ADMINISTRATIVE ADJUSTMENT
95-01 1&
B
DEVELOPMENT
APPLICANT 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 PCll-95, that Variance 1987-95 be approved to allow
deviation from landscaping and drive aisle requirements, the City Council considered
the Planning Commission recommendation and granted Variance 1987-95 and Administrative Adjustment 95-0
I. Said real property
is more particularly described as follows:A portion of Lot 23 of Fletcher Tract as per Map
recorded in Book 3, Page 320 of Miscellaneous Records in the office of
the County
Recorder of said Orange County, California.Upon the public hearing before the City
Council, the following facts were found:1. The applicant, I & B Development, is proposing to
add onto and remodel an existing service station located at the northeast corner of Meats
Avenue and Orange-Olive Road (2101 N.Orange-Olive Road). Details of the proposal include
construction of a two-story, 1,320 sq. ft.building addition (960 sq. ft. on the first floor and 360 sq. ft.
on the second floor) to be used for a convenience-market and office. The
existing structure will continue to be used for auto servicing,restrooms, and a small office.
The proposal includes remodeling the existing parking lot by adding approximately 1,250
sq. ft. of landscaping and striping for 13 parking spaces.2. To implement the
proposal, the applicant is requesting a conditional use permit to allow for the expansion of a service station on a
site adjacent to a residential zone and to allow for the sale of alcoholic beverages in conjunction with
the sale of motor fuels, a variance to waive the development standard
regarding front and street side landscape area, and an administrative adjustment to reduce the
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orange that
Variance 1987-95 and Administrative Adjustment 95-01 be granted for the
following reasons:1. The placement of the existing structure prevents the subject site
from being developed in a manner similar to commercial properties in the vicinity of the
subject site.2. The proposal is subject to conditions to assure that it will not
adversely affect surrounding properties or result in the granting of a
special privilege.BE IT FURTHER RESOLVED that Variance'.987-95
and Administrative Adjustment 95-01 be granted subject
to the following conditions:I. The project shall be constructed per plans approved by
the Planning Commission and on file with the
Department of Community Development.2. Within two days of the final approval of this project, the applicant
shall deliver to the Planning Division a cashier's check payable to the County Clerk, in an amount
required to fulfill the fee requirements ofFish and Game Code Section 711.4(dj(2) and the
County administrative fee, to enable the City to file the Notice of Determination required under Public
Resources Code 21152 14 CaI. Code Regulations 15075. If it 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, the approval for the project granted
herein shall be void.3. Prior to issuance of building permits, the applicant
shall provide final building elevations, building colors, signs, and landscaping and irrigation plans to
the Design Review Board
for their final determination.4. Auto detailing service shall not be conducted in any parking
spaces or any outside area. Auto detailing service may be conducted only within the service station
building'
s two service bays.5. The display of beer and wine for sale shall be restricted to the
cooler located at the northeast corner of the convenience market and as indicated
on the floor plan.6. The sale of beer and wine coolers shall be restricted to
a minimum quantity amount of a four pack and the sale of individual containers of such beverages, whether a
bottle or can, shall not be allowed. The applicant shall also install signs above the refrigerator
units displaying the beer and
wine stating the following:BEER MAY BE PURCHASED ON
THESE PREMISES ONLY IN QUANTITIES OF A
FOUR PACK OR MORE."WINE COOLERS MAYBE
PURCHASED ON THESE PREMISES ONLY IN QUANTITIES OF A
FOUR
7. The activity of the business shall be monitored by the City's Police Department with
a joint review conducted by the Community Development Director and the Police Chief, or
designees six months and one year from the start of operation. The purpose of the review shall be
to identifY uniquely adverse issues of loitering, vandalism, criminal activity, noise or nuisance
resulting from the sale of alcoholic beverages. Should the level of police services demonstrate that
the applicant has not complied with the conditions of approval, the conditional use permit shall be
brought back to the Planning Commission and City Council for possible reconsideration of
conditions, modification, or revocation.
8. The site plan shall be modified to provide the minimum code required 10% on-
site landscaping area. The additional landscaping shall be added at the planters at the northeast
and southwest corners of the subject
site.9. The seven conditions contained in Section 17.88.020C of the Orange
Municipal Code are hereby incorporated by reference and shall be deemed to have full force and
effect.ADOPTED THIS 13th DAY OF June
1995.c2'/[ / ;#r'-.? (I or
of the City of Orange (,ATTEST:
MARTLYN.
1 ,TRN,qF.N City
Clerk of the City of Orange l:~.c,J,{!~d Deputy
Ci y, Clerk 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 13th if June ,
1995, by the following vote:AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
MURPHY,
BARRERA, MAYOR COONTZ, SPURGEON, SLATER NONE
NONE
NONE
MARTLYN ,
1 ,TRN,qRN2
J; Crty
Cloh'''' C;ty 0' Onrn8'By: ~
A (jd1~d Deputy
City rk SSH:dh............................................................................................... ..
Reso.
No. 8485 3