08-10-2022 VAR 2256-22 - 3707 W. Garden Grove Boulevard - Marina Landscape Inc.AGENDA ITEM
ZONING ADMINISTRATOR
Item #: 2.1 8/10/2022
TO: Chris Cash, Zoning Administrator
THRU: Anna Pehoushek, Assistant Community Development Director
FROM: Vidal F. Márquez, Assistant Planner
1. SUBJECT
Public Hearing: Variance No. 2256-22 – Marina Landscape Inc., located at 3707 W. Garden Grove
Boulevard
2. SUMMARY
The applicant requests approval to allow the installation of a wrought iron fence exceeding the maximum
allowed height of 42 inches within the front yard setback area.
3. RECOMMENDED ACTION
Staff recommends approval of Variance No. 2256-22 subject to conditions of approval.
4. AUTHORIZATION GUIDELINES
Orange Municipal Code (OMC) 17.10.040 (D) authorize the Zoning Administror to review and take
action on applications concerning waivers of fence height requirements.
5. PUBLIC NOTICE
On July 29, 2022, the City sent a Public Hearing Notices to a total of 216 property owners/tenants within
a 400-foot radius of the project site and persons specifically requesting notice. The project site has
been posted at two locations with the notification on that same date.
6. ENVIRONMENTAL REVIEW
Statutory Exemption: The proposed project is statutorily exempt from the provisions of the California
Environmental Quality Act per State CEQA Guidelines 15268(b), because CEQA does not apply to
ministerial projects which a public agency issues a building permit. There is no environmental public
review or notice required for a categorical exemption.
7. PROJECT BACKGROUND
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Applicant: Everfence Corporation on behalf of Marina Landscaping Inc.
Property Owner Kornhauser Real Estate, LLC
Item #: 2.1 8/10/2022
8. PROJECT DESCRIPTION
The applicant requests to install a new six-foot wrought iron fence with three vehicular gates and
pedestrian doors enclosing the perimeter of the property for the safety and accessibility of the facility’s
employees and visitors.
The project site is located in the southwest area of Orange and borders the cities of Santa Ana and
Garden Grove, respectively. The site consists of a two-story professional office and parking lot with
three vehicular access entrances. The primary entrance is off Garden Grove Boulevard, a four-lane
Primary Arterial street, a secondary entry is off of Park Vine Street, a collector street and a third entry
is to the east via a shared driveway with the adjacent ‘Orange City Square’ professional office property.
The proposed fence and gates will be installed in existing landscape planters and drive aisles. The front
yard area of the property is identified off Park Vine Street because the property line is the narrowest
property line of the parcel. The UMU front yard setback standards indicate where the frontage of the
block is partially within a residential district, the required front setback shall be the same as required for
the residential district. In this case, the required front setback is twenty feet for the duplex residences
zoned Duplex Residential (R2-6) to the north. Fences and walls are limited in height to 42 inches within
the front yard setback. A portion of the proposed six-foot high wrought iron fence, approximately 96
linear feet, along Park Vine will be placed ten feet from the property line within an existing landscape
planter. No other modifications are proposed to the building or site features.
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Existing Zoning
Classification Urban Mixed-Use (UMU)
Old Towne Not Applicable
Specific Plan/PC Not Applicable
Site Size 1.36 acres (approximately 59,503 square feet)
Existing Conditions
The site is a rectangular shaped property, located at the southwest intersection
of Park Vine Street and West Garden Grove Boulevard. The property is
currently developed with a two-story 11,934 square foot office building, 92
parking stalls and landscape planters. Existing public water facilities are
identified in landscape planters.
Surrounding Land Uses
and Zoning
Surrounding uses are Park City apartments zoned (R-4) to the west, duplex
residences zoned Duplex Residential (R2-6) and, professional offices zoned
Urban Mixed-Use (UMU) to the north and east and single-family residents in t he
City of Santa Ana to the south.
Previous
Applications/Entitlements None located.
Property Location 3707 W. Garden Grove Boulevard
Existing General Plan
Land Use Element
Designation
Urban Mixed-Use (UMIX)
Item #: 2.1 8/10/2022
9. APPLICATION(S) REQUESTED/REQUIRED FINDINGS
Variance: The applicant is requesting a Variance from Section 17.12.070.F.2 of the OMC to allow the
construction of a fence exceeding the maximum allowed height of 42 inches within the front yard
setback area.
Required Findings:
1. Because of special circumstances applicable to subject property, including size, shape,
topography, location or surroundings, the strict application of the zoning ordinance is found to
deprive the subject property of privileges enjoyed by other properties in the vicinity and under
identical zone classification.
2. The variance granted shall be subject to such conditions, which will assure that the authorized
adjustment shall not constitute a grant of special privilege inconsistent with the limitations upon
other properties in the vicinity and zone in which subject property is located.
10. ANALYSIS AND STATEMENT OF THE ISSUES
Issue 1: Front Yard Setback
The installation of fences and walls are limited in height at 42 inches within the front yard setback in
urban mixed-use zoning districts. Generally, the front yard setback is ten feet in the UMU zone, but
when the frontage of a block is partially within a residential district, the front setback shall be the same
as required for the residential district. The subject property frontage is a special circumstance because
it abuts a residential duplex property to the north at 859-863 S. Park Vine Street. Therefore, the subject
property’s required front yard setback area will match the residential district with a 20-foot setback. This
is a unique condition because most UMU properties do not share frontage with a residential district in
the City. The applicant requests to install a taller portion of the perimeter fence, approximately 96 linear
feet, ten feet from the property line in the front yard area due to safety and security of the parking lot
and property (See Attachment 3 Applicant’s Justification Letter). The applicant cannot place this section
of the fence outside of the 20-foot setback or the fence will block existing parking stalls and drive aisles.
In evaluating the request for the variance, staff finds that there are no impacts to adjacent neighboring
properties due to the subject property’s location and surroundings on an intersection and frontage with
the residential district. The subject property is not able to install a fence past the 20-foot setback due to
its frontage location and surroundings to the residential district and the strict application of the zoning
ordinance would deprive the subject property of privileges enjoyed by other properties in the vicinity
and under identical zone classification. Other UMU properties’ front yards in the vicinity do not abut
residential districts and are permitted to install fencing or walls to a height greater than 42-inches past
a ten foot front yard setback. Also, the proposed fence creates a safety barrier between vehicle traffic
on Garden Grove Boulevard and the fence type material does not create a conflict with existing walls
or fencing types in the neighborhood.
The Variance is subject to standard conditions of approval to ensure that only the
approved improvements are authorized. No special privileges are conferred in that granting of the
Variance will confer no more rights to the subject property than exist for other properties in the vicinity.
Other UMU properties have the right to install fences higher than 42 inches high past a ten-foot front
yard setback area. Should this Variance be approved, the applicant may exceed the height of fencing
as viewed
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Item #: 2.1 8/10/2022
from the Park Vine Street right-of-way. Additionally, the property may now benefit from securing their
site and limiting unauthorized access into their property.
Approval of this Variance would not result in creating a situation that will be detrimental to the public
health, safety, and general welfare of persons residing near or working on the subject property, or in
the vicinity. Staff believes that granting the requested Variance would allow for the subject property to
receive the full use and enjoyment of their business without concern of unauthorized access onto the
property and security. The installation of fencing under six feet in height does not require a building
permit according to the Building Code, but Variance approval by the Zoning Administrator is required
for the height in the front yard setback. Staff recommends that the Zoning Administrator approve the
requested Variance with the following conditions and any additional conditions that he deems
appropriate to impose.
11. ADVISORY BOARD RECOMMENDATIONS
The City’s interdepartmental staff review committee (SRC) conducted a review of the project on August
11, 2021 and on March 9, 2022 recommended approval to the Zoning Administrator.
12. STAFF RECOMMENDATION AND CONDITIONS
Staff recommends approval of the project subject to the conditions listed below:
General:
1. All construction shall conform in substance and be maintained in general conformance with the
project plans as approved by the Zoning Administrator.
2. Building permits shall be obtained for any construction work requiring permits, as required by
the City of Orange, Department of Public Work’s Building Services. Failure to obtain the required
building permits will be cause for revocation of this approval.
3. The applicant agrees to indemnify, hold harmless, and defend the City, it’s officers, agents, and
employees from any and all liability or claims that may be brought against the City arising out of
its approval of this permit, save and except that caused by City’s active negligence.
4. The applicant shall comply with all federal, state, and local laws, including all City regulations.
Violation of any of those laws in connection with the use will be cause for revocation of this
approval.
5. Variance No. 2256-22 shall become void if not vested within twenty-four months from the date
of approval. Time extensions may be granted for up to one year, pursuant to OMC Section
17.08.060.
6. All structures shall comply with the requirements of Municipal Code – Chapter 15.52 Building
Security Standards.
7. Plans submitted for Building Plan Review shall comply with the California Fire Code as amended
by the City and as frequently amended and in effect at the time of application for Building Permit
by the Orange Fire Department.
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Item #: 2.1 8/10/2022
8. Key boxes and key switches (Knox devices) shall be provided as deemed necessary to ensure
that immediate access for firefighting, rescue and other emergency purposes is possible.
Contact Fire Prevention at (714) 288-2536.
a. At a minimum Knox devices shall be provided for the following locations:
i. Doors and pedestrian gates to other areas identified by the Fire Department.
ii. Vehicular gates on driver side approach.
9. The motorized gate on the west side of the building is required to provide full existing width
clearance of 25 feet.
10. Prior to issuance of any building permits, show adequate spacing between the water main and
the fence footings. Fence footings shall not be built on top of the water main.
11. The applicant shall furnish two keys, key cards, and/or remote operated keys to the Water
Division for locked entrances in order to provide necessary access to public water system
facilities within the locked area, unless otherwise approved by the Water Division.
13. ATTACHMENTS
Attachment 1 ZA Decision Letter
Attachment 2 Vicinity Map
Attachment 3 Applicant’s Justification Letter
Attachment 4 Project Plans
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Vicinity Map
3707 W. Garden Grove Boulevard
Variance No. 2256-22
City of Orange
Community Development Department
CITY OF ORANGE
COMMUNITY DEVELOPMENT DEPARTMENT www.cityoforange.org
PLANNING DIVISION
(714) 744-7220
Fax: (714) 744-7222
August 22, 2022
Everfence Corporation
Attn: Josh Myers
12309 Telegraph Road
Santa Fe Springs, CA 90670
RE: Variance No. 2256-22 – Marina Landscape Inc. fencing, located at 3707 W. Garden
Grove Boulevard, APN: 231-261-11
Dear Mr. Myers,
Variance No. 2256-22 was referred to me as Zoning Administrator for review and appropriate
action. You have requested approval of a Variance to allow the installation of a six-foot high
wrought iron fence exceeding the maximum allowed height of 42 inches within the front yard
setback area.
This letter serves as formal notice that your request was approved on August 10, 2022. The
approval is based on the findings in the staff report, the plans submitted to the City and subject to
the following Staff recommended conditions:
1. All construction shall conform in substance and be maintained in general conformance with
the project plans as approved by the Zoning Administrator.
2. Building permits shall be obtained for any construction work requiring permits, as required
by the City of Orange, Department of Public Work’s Building Services. Failure to obtain
the required building permits will be cause for revocation of this approval.
3. The applicant agrees to indemnify, hold harmless, and defend the City, it’s officers, agents,
and employees from any and all liability or claims that may be brought against the City
arising out of its approval of this permit, save and except that caused by City’s active
negligence.
4. The applicant shall comply with all federal, state, and local laws, including all City
regulations. Violation of any of those laws in connection with the use will be cause for
revocation of this approval.
5. All structures shall comply with the requirements of Municipal Code – Chapter 15.52
Building Security Standards.
ORANGE CIVIC CENTER 300 E. CHAPMAN AVENUE ORANGE, CA 92866-1508
ADMINISTRATION
(714) 744-7240
Fax: (714) 744-7222
CODE ENFORCEMENT DIVISION
(714) 744-7244
Fax: (714) 744-7222
6. Variance No. 2256-22 shall become void if not vested within twenty-four months from the
date of approval. Time extensions may be granted for up to one year, pursuant to OMC
Section 17.08.060.
7. Plans submitted for Building Plan Review shall comply with the California Fire Code as
amended by the City and as frequently amended and in effect at the time of application for
Building Permit.
8. Key boxes and key switches (Knox devices) shall be provided deemed necessary to ensure
that immediate access for firefighting, rescue and other emergency purposes is possible.
Contact Fire Prevention at (714) 288-2536.
a. At a minimum Knox devices shall be provided for the following locations:
1. Doors and pedestrian gates to other areas identified by the Fire Department.
2. Vehicular gates on driver side approach.
9. The motorized gate on the west side of the building is required to provide full existing width
clearance of 25 feet.
10. Prior to issuance of any building permits, show adequate spacing between the water main and
the fence footings. Fence footings shall not be built on top of the water main.
11. The applicant shall furnish two keys, key cards, and/or remote operated keys to the Water
Division for locked entrances in order to provide necessary access to public water system
facilities within the locked area, unless otherwise approved by the Water Division.
If you have any questions, please contact Vidal F. Márquez, Assistant Planner at (714) 744-7214.
Sincerely,
Chris Cash
Zoning Administrator