RES-11572 CUP NO. 3229-24 REGARDING BLUE RIBBON NURSERY AT 5093 E. SANTIAGO CANYON ROADRESOLUTION NO. 11572
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ORANGE APPROVING
CONDITIONAL USE PERMIT NO. 3229-24 TO
ALLOW THE EXPANDED SALE OF BUILDING
MATERIALS AND LANDSCAPE SUPPLIES IN
CONJUNCTION WITH AN EXISTING BLUE
RIBBON NURSERY AT 5093 EAST SANTIAGO
CANYON ROAD
APPLICANT: OC RECLAMATION,LLC
WHEREAS, in 1989,the City of Orange approved Conditional Use Permit No. 1744 and
Administrative Adjustment 89-4 to allow for the operation of the Blue Ribbon Nursery, located at
5093 East Santiago Canyon Road (alternate addresses 1425 North Santiago Boulevard and 1921
Old Country Park Road) ("Property"), legally described as: Lot 5, Block A of Oge& Bond Tract,
recorded in Book 3,Pages 430 and 431 of Miscellaneous Records of Los Angeles County CA;and
WHEREAS, a request to modify Conditional Use Permit No. 1744 was filed by OC
Reclamation, LLC ("Applicant") in accordance with the provisions of the OMC; and
WHEREAS, the Blue Ribbon Nursery is a long-standing business that has met the
landscape supply needs of East Orange residents and the community at large for over 40 years
with an identified need for an expanded storage area based on customer demand; and
WHEREAS, on August 5, 2024, the City's Planning Commission recommended that the
City Council approve an Ordinance amending Title 17 of the Orange Municipal Code to allow the
sale of building materials and landscape supplies in a Sand and Gravel Zone in conjunction with a
commercial nursery subject to a conditional use permit; and
WHEREAS, on August 5, 2024, by a unanimous vote, the City's Planning Commission
concurrently recommended that the City Council approve Conditional Use Permit No. 3229-24 to
allow the sale of building materials and landscape supplies in a Sand and Gravel Zone in
conjunction with a commercial nursery located at 5309 East Santiago Canyon Road; and
NOW, THEREFORE, BE IT RESOLVED that the City Council approves Conditional
Use Permit No. 3229-24, a modification of Conditional Use Permit No. 1744, to allow the
expanded sales of building materials and landscape supplies, subject to the conditions contained
herein.
SECTION 1 —FINDINGS
General Plan Finding:
1.The project must be consistent with the goals and policies stated within the City's General
Plan.
The project is consistent with the goals and policies stated in the City's General Plan Land
Use Element which encourages "a well-balanced community" as "one which provides a
broad range of housing and business opportunities as well as recreational,institutional and
cultural activities that enhance the overall living environment." The project is also
consistent with the goals and policies in the City's General Plan Economic Development
Element which support local businesses and businesses that supplement smaller
components of the City's retail base, and related Economic Development Plan.
Conditional Use Permit Findings:
1. A Conditional Use Permit shall be granted upon sound principles of land use and in
response to services required by the community(OMC 17.10.030.F 1).
The granting of this Conditional Use Permit is based upon sound principles of land use and
in response to services required by the community in that the Blue Ribbon Nursery has
provided reliable nursery and landscape supplies, and firewood for decades, and is a
recognized resource for such supplies by residents of Orange,and the neighboring cities of
Villa Park and Anaheim. Expansion of the outdoor storage of landscape and building
materials is a low-intensity activity for a property that was home to sand and gravel mining
until the 1960s, and is a setting characterized by single-family neighborhoods, an
elementary school, and the Santiago Creek corridor.
2. A Conditional Use Permit shall not be granted if it will cause deterioration of bordering
land uses or create special problems for the area in which it is located (OMC
17.10.030.F.2).
Expansion of the Blue Ribbon Nursery's operational footprint to accommodate additional
building materials and landscape supplies is not expected to detrimentally affect adjacent
land uses or create special problems in the area. The site is surrounded by residential
development to the north across Santiago Creek and south across Santiago Canyon Road;
a private elementary school to the west;and,a water well and former landfill across Cannon
Street to the east. The hours of operation of the businesses are proposed to be 6:00 a.m. to
8:00 p.m. Monday through Sunday. The area of expansion for the nursery is oriented to
Santiago Canyon Road in a manner that is not anticipated to create impacts to the adjacent
residences to the south across the Santiago Canyon Road roadway. It is also not anticipated
to impact Oakridge Private School to the west given that the expanded area of activity
separated from classroom, office, and play areas of the school. The expanded material
storage area is separated a great distance from Santiago Creek,and also separated from the
naturalized sand and gravel pit adjacent to the north. Therefore, no impacts to the creek
corridor or naturalized condition of the pit are anticipated.
3. A Conditional Use Permit must be considered in relationship to its effect on the community
or neighborhood plan for the area in which it is located(OMC 17.10.030.F3).
Resolution No. 11572 2
The Blue Ribbon Nursery is not located in a neighborhood plan area. Expansion of the
nursery provides for the productive use and stewardship of a former sand and gravel mine,
accommodating goods and services utilized by surrounding neighborhood residents. The
hours of operation are compatible with surrounding residential uses. Expanded storage of
materials will not negatively affect either neighborhoods or the adjacent elementary school
given the orientation of the storage on the site towards the Santiago Canyon Road frontage
of the property, and separation of the storage areas from the neighborhoods by the
expansive Santiago Canyon Road roadway to the south and naturalized sand and gravel pit
and Santiago Creek corridor to the north.
4. A Conditional Use Permit, if granted, shall be made subject to those conditions necessary
to preserve the general welfare, not the individual welfare of any particular applicant
OMC 17.10.030.F.4).
All project conditions preserve the general welfare of the City and community.
SECTION 2—ENVIRONMENTAL REVIEW
The proposed action is exempt from the California Environmental Quality Act (CEQA) pursuant
to, but not limited to, State CEQA Guidelines Section 15305 (Minor Alterations in Land Use
Limitations), Section 15307 (Actions by Regulatory Agencies for the Protection of Natural
Resources), and Section 15308 (Actions by Regulatory Agencies for Protection of the
Environment) because it accommodates the storage and sale of building materials and landscape
supplies on portions of a commercial nursery site that are already paved or are unpaved but in a
disturbed,non-native condition and retains a former sand and gravel pit in a naturalized condition
that has evolved since excavation ceased, to include wetlands and habitat for flora and fauna
associated with the Santiago Creek corridor. For this reason, no further CEQA documentation is
required.
SECTION 3—CONDITIONS OF APPROVAL
BE IT FURTHER RESOLVED that the following conditions are imposed:
1. The applicant agrees, as a condition of City's approval of Conditional Use Permit No.
3229-24, to indemnify, defend, and hold harmless, at applicant's expense, the City, its
officers, agents, and employees("City") from and against any claim, action or proceeding
brought against the City, including, but not limited to, any claim, action or proceeding
commenced within the time period provided in Government Code Section 66499.37 to
attack, review, set aside, void or annul the City's approval, to challenge the determination
made by the City under the California Environmental Quality Act ("CEQA") or to
challenge the reasonableness, legality or validity of any condition attached hereto. City
shall promptly notify applicant of any such claim, action or proceeding to which the City
receives notice and to cooperate fully with the applicant in the defense thereof. Applicant
shall reimburse the City for any and all costs and expenses, including, but not limited to,
court costs and attorney's fees that the City may be required to pay,including any expenses
ordered by a court or expenses incurred through the Office of the City Attorney in
Resolution No. 11572 3
connection with said claim, action or proceeding. City may, in its sole discretion,
participate in the defense of any claim, action or proceeding but such participation shall
not relieve applicant of the obligations of this condition. In the event the applicant is
required to defend City in connection with such claim, action or proceeding, City shall
have the right to approve counsel to so defend the City, approve all significant decisions
concerning the manner in which the defense is conducted and approve any all settlements,
which approval(s) shall not be unreasonably withheld. The obligations set forth herein
remain in full force and effect throughout all stages of litigation including any and all
appeals of any lower court judgment rendered in the proceeding. Further, applicant agrees
to indemnify, defend and hold harmless the City for all costs and expenses incurred in
enforcing this provision.
2.As required by Development Agreement No. 0010-24, and as may be amended,there is no
limitation on the percentage of retail sales that are, or may be, conducted on the Property
involving materials and landscape supplies.In addition,the use permitted by this CUP shall
include the right to utilize all, or any portion, of the Property for the green waste supply,
sales,and materials operation(but excluding rock crushing operations)and storage located
in,on,or about the Property and the right to remove from the Property any non-green waste
material inadvertently accepted for processing within thirty (30) days (rather than seven
7)) of such discovery. Further, the use shall include the right to overnight parking of
delivery trucks on or about the Property.
3.All construction shall conform in substance and be maintained in general conformance with
plans and exhibits labeled as Attachment 4 in the staff report dated August 5, 2024,
including modifications required by the conditions of approval, and as recommended for
approval by the Planning Commission.
4.Except as otherwise provided herein, this project is approved as a precise plan. After any
application has been approved, if changes are proposed, a changed plan may be submitted
to the Community Development Director for approval. If the Community Development
Director determines that the proposed change complies with the provisions and the spirit
and intent of the approval action, and that the action would have been the same for the
changed plan as for the approved plan,the Community Development Director may approve
the changed plan administratively.
5.This Conditional Use Permit No. 3229-24 shall be effective only upon adoption of
Ordinance No. 24-XX (Zone Text Amendment) and approval of Development Agreement
No. 0010-24 ("Approvals") and shall take effect only upon the effective date of said
Approvals.
6. Any future expansion in the area or in the nature and operation of the approved use beyond
that provided by this Conditional Use Permit No. 3229-24 shall require a new application
and modification of this Conditional Use Permit.
Resolution No. 11572 4
7.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 may be cause for
revocation of this permit.
8.If the use has not commenced,or if substantial construction has not begun within 24 months
after the date the conditional use permit was approved, the project's approval expires, in
accordance with OMC Section 17.10.030(I). Extensions of time may be granted, if
requested in writing, in accordance with OMC Section 17.08.060.
9.Prior to issuance of a grading permit, the applicant shall submit a Lot Line Adjustment to
the Public Works Department for review and approval. The Lot Line Adjustment shall be
completed prior to permit issuance.
10. Any graffiti shall be removed within 72 hours from the time the City of Orange Notice of
Violation is sent to the applicant/property owner's address of record.
11. The hours of operation of the nursery shall be Monday through Sunday, 6:00 a.m. to 8:00
p.m., in a manner consistent with similar material storage businesses.
12. In conjunction with the operation of the use,all loading areas shall be maintained and kept
clean and free of debris.
ADOPTED this 10th day of September 2024.
D el R. Slater, Mayor, City of Orange
ATTEST:
Pamela Coleman, City Clerk, City of Orange
APPROVED AS TO FORM:
w
i
Mike Vigliotta, City Attorney
Resolution No. 11572 5
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ORANGE
I, PAMELA COLEMAN, City Clerk of the City of Orange, California, do 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 10th day of September 2024, by the following
vote:
AYES: COUNCILMEMBERS: Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau,
Gyllenhammer, and Slater
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
411441A—C-'66/1(1414'
Pamela Coleman, City Clerk, City of Orange
Resolution No. 11572 6