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RES-9712 Negative Declaration 1560-99 & Tentative Tract Map ApprovalRESOLUTION NO. 97t2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE APPROVING NEGATIVE DECLARATION 1560-99, TENTATIVE TRACT MAP 16322, CONDITIONAL USE PERMIT 2420- 02, AND MINOR SITE PLAN REVIEW 233- 02 TO ALLOW THE SUBDIVSION OF 6.10 ACRES OF LAND FOR A 24 DWELLING UNIT PLANNED UNIT DEVELOPMENT PROPERTY LOCATED AT THE SOUTHEAST CORNER OF CANAL STREET AND HElM AVENUE.APPLICANT: FIELDSTONE COMMUNITIES, INC.WHEREAS, Tentative Tract Map 16332, Conditional Use Permit 2420-02, and Minor Site Phm Review 233-02 were filed by the applicant in accordance with the provisions of the City of Orange Municipal Code; and WHEREAS, Tentative Tract Map 16443, Conditional Use Pennit 2420-02, and Minor Site Pl,m Review 233-02 were processed in the time and manner prescribed by state and local law; and WHEREAS, the environmental impacts of the proposal were considered by approved Negative Declaration 1560-99, which found that tht: development of the subject site for residential uses would not have an impact on earth, air quality, water quality, plant life, animal life noise, traffic, and circulation, public services, utilitit: s, aIld human health and that the project will not significantly impact the environment or wildlife; and WHEREAS, on August 28, 2002 the Staff Review Committee reviewed the proposed tentativ,~ tract map, site plan, landscaping plans, and building plans, aIld recommended that the project proceed subject to conditions; and WHEREAS, on October 2, 2002 and November 6, 2002 the Design Review Committee reviewed the proposed site, building, hmdscaping, and fencing plalls and recommended that the Planning Commission and City Council approve the project subject to conditions; and WHEREAS, the Planning Commission conduckd one duly advertised public hearing on January 20, 2003 for the purpose of considering Tentative Tract Map 16443, Conditional Use Permit 2420-02, and Minor Site Plan Review 233-02 upon property generally described as follows:Being a subdivision of portions of Lots 387 and 394, of the R. B. Taylor Tract as shown on a Map recorded in Book 36, Pages NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of OrangethatTentativeTractMap16332, Conditional Use Perrnit 2420-02, and Minor Site Plan Review 233-02 to allow subdivision of 6.10 acres located at the southeast corner of CaIlal Street and Heim Avenue for a 24 dwelling unit planned unit development is hereby approved based on the following findings:SECTION t - FINDINGS Tentative Tract Map 16443, Conditional Use Permit 2420-02, and Minor Site Plan Review 233-02 1. The project conforms to the General PLan in regards to land use designation and density in that the General Plan land use designation of Low-Medium Density Residential (LMDR) allows for residential development within the density range of 6 to 15 dwelling unit per acre. The proposal is for 7.8 dwelling units per acre.2. The proposed subdivision is subject to conditions to ensure that the subject site is developed in a manner consistent with the City's General Plan and Zoning Ordinance.3. The project allows for residential uses that are compatible with eXlstmg multi-family residential, commercial, and institutional uses located in vicinity ofthe subject site.4. The project is subject to conditions that will preserve the public welfare and insure that the project will not have an adverse impact on adjacent land uses.5. The Staff Review Committee has reviewed the proposed project and found that City services are available and adequate to serve the needs of the proposed use.6. The proposed subdivision complies with the development standards applicable to Planned Unit Developments.SECTION 2 - ENVIRONMENTAL REVIEW Approved Negative Declaration 1560-99 was pn~pared in conjunction with a proposal to develop the subject site with residential uses. Negative Declaration 1560-99 found that the residential development of the subject site would not have any potential significant adverse impacts on the environment nor wildlife. SECTION 3 - CONDITIONS OF APPROVAL BE IT FURTHER RESOLVED that the Jollowing conditions are imposed with approval: General I. All site development and construction shall conform in substance and be maintained in general conformance with plans labeled Exhibit A (dated January 20, 2003 for identification purposes) arld as recommended for approval by the Staff Review Committee, Design Review Committee, Planning Commission and ultimately approved by the City Council.2. This approval constitutes approval of the: proposed project only to the extent that the project complies with the City of Orange's Zoning Code and any other applicable zoning regulations. Approval does not include any action or finding as to compliance of approval of the project regarding any other applicable ordinance, regulation or requirement.3. 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 ofthis permit.4. Applicant shall defend at hislher sole expense any action brought against the City ofOrangebecauseofissuanceofthispermitor, in the alternative, the relinquishment of such permit. Applicant will reimburse the City for any court costs and attorney's fees, which the City may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate in the defense of any such action, but such participation shall not relieve applicant of hislher obligations under this condition.5. Sub-divider shall defend, indemnify, md hold harmless the City of Orange, its officers, agents and employees from any claim, action or proceeding against the City, its officers agents or employees to attack, set aside, void, or annual an approval of the Board of Supervisors, Planning Commission, ZoningAdministrator, or Subdivision Committe:e concerning this subdivision, which action is brought within the time period provided for in Government Code Section 66499.37. The City shall promptly notify the sub-divider of any such claim, action or proceeding and shall cooperate fully in the defense. This condition is imposed pursuant to Government Code Section 66474.9( b).6. These conditions will be reprinted on the cover sheet or first page of construction plans, including grading 7. Prior to recording the final map, the applicant shall demonstrate that all exterior lighting has been designed and located so that all direct rays are confined to the property in a manner meeting the approval of the Planning Manager and Police Department. 8. Prior to issuance of building permits, the landscaping plans shall be revised to include a minimum of22 trees in the 10' landscape easement along the westerly boundary line of proposed Lot No. 25. Of the 22 trees, a minimum of 40% (or 9 nine trees) shall be 36" box trees. The 36" box trees shall be planted at random within the 10' wide landscape easement. 9. The final landscaping aIld in'igation plalls shall be submitted to stafffor approval. The final landscaping and irrigation plalls shall be revised to include standard inspection notes and staff recommendations. 10. All project identification and directional signage shall be reviewed and approved by the Design Review Committee prior to the issuance of building permits. The following conditions shall be complied with to the satisfaction of the City of Orange's Department of Public Works. II. Subject to conditions of addendum sheet A (attached). 12. A final tract map shall be recorded within 24 months after tentative approval and prior to the sale or lease of any parcel. 13. Prior to recordation of the final tract map monuments shall be set, based on a field survey. 14. All on-site and off-site improvements, such as sidewalks, curbs & gutters, drive aisle aprons and pavement, shall be repaired or replace, if damaged or deteriorated, to City standards.15. Install private street lighting to City requirements per layout approved by the City Traffic Engineer.16. The project shall not have a gated entrance unless redesign to the satisfaction of the City's Traffic Engineer.17. Prior to the issuance of any grading pernlits, the applicant shall provide adequate sight distance at all street intersections, in a manner meeting the approval of the Director of Public Works. This includes any necessary revisions to the plan such as encroachments from the limited use area. 18. Dedicate to the City the right to enter the private streets for maintenance of public utilities, emergency access, trash collection, etc. 19. Subject to installing cable television facilities as required by City's Franchised Cable TV companies. This shall include easement rights to buildings being served. 20. Prior to recording the final map, the applicallt shall submit aIld obtain approval from the Building Official, Planning Manager aIld Assistant City Engineer a plan specifically identifying Best Management Practices (BMP' s) that will be used on-site to control predictable pollutant runoff. This WQMP shall identifY, at a minimum, the routine, structural and non-structural measures specified in the Countywide NPDES Drainage Area Management Plan (DAMP) Appendix which details implementation of BMP's whenever they are applicable to a project, the assignment of long-term maintenance responsibilities ( specifying the developer,parcel owner, maintenance association, lessee, etc...); and, shall reference the location(s) of structural BMP's.21. That CC&R's, deedrestrictions, or simi.lar agreement shall be designed for the entire site outlining specific responsibilities such as drainage, utilities, access,parking, maintenance, landscaping, exterior building color and enforcement provisions, The CC&R's, deed restrictions or similar agreement shall be subject to the joint review and approval by the Community Development Director,Public Works Director, and City Attorney. Those aspects that are zoning in nature shall be structured so they cannot be rescinded or modified without City concurrence. The City shall have discretion to enforce provisions, which are zoning in nature. The developer shall be required to pay for the review of the CC&R's by the City Attorney, Public Works Director and the Community Development Director at City's hourly billing rate.22. The applicant/developer shall pay all applicable fees prior to City approval of Final Map, such as water cOIDlection charges, sewer frontage fees, etc.23. Construct (A) street to City private street standards or as approved by the Assistant City Engineer. CC&Rs shall contain a statement that ( A) street can never be gated.24. Dedicate and construct sanitary sewer systems to City Standards, including easements.25. Dedicate and construct Heim Avenue frontage to City standards.26. Dedicate Canal Street to City of Orange for street and 27. The applicant/developer shall install an on-site dedicated water systemasdesignedbytheCityofOrangeWater Division.28. Each parcellbuilding shall be metered separately unless otherwise approvedbytheWater Manager.29. The applicant/developer shall furnish and install remote read meters forallservicesofamanufacturerasapprovedbytheWater Division.30. The applicant/developer shall furnish a minimum fifteen- foot unencumbered access and utility easement to be dedicated to the City of Orangecontiguoustotheexistingalleyandeasementadjacenttolot (C) as determined bytheWaterDivisionformains, metes, a1ld fire hydnmts.31. The applicant/developer shall enter into a DecorativeImprovementAgreementwiththeCitypriortoapprovalofthefinalPublicWater system plan.32. The applicant/developer shall satisfy all water main connection, plan check, and inspection charges as determined by the City of Orange Water Division.33. The applicant/developer shall provide material submittals for all proposed Public Water Division for approval at least fourteen-calendar days prior to construction.Conditions Added bv City Council 34. Prior to the issuance of any building permits for residential construction or the sale of any parcel, the developer shall prepare a Buyer Notification Statement and map about the development potential of the parcel aIld area denoting existing and proposed land uses including the Mall of Orange (VillageatOrange) specifically regarding its loading/delivery facilities, arterial highways, and public facilities within the surrounding area. Said statement and map shall be submitted for the approval of the Community Development Director and presented to each new property owner as a Buyer Notification Program as part of the sale documents.35. Due to the proximity of adjoining commercial uses, allwindowsanddoorsshouldbedesignedtoprovidesufficientnoiseattenuationtoensure that the new homes meet the interior noise level standards.36. The CC&Rs shall include a condition stating that the Homeowners Association is responsible and shall ensure the on-ongoing and long-term maintenance of the perimeter landscaping within the 10' landscapeeasementalong the eastern Code IProvisions The following Code provISIons are applicable to this project aIld are included for infonnation only. This is not a complete list, 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: Orange County Sanitation District connection, Transportation System Improvement Program, Fire Facility, Police Facility, Park Acquisition, Sanitation District, School District (pursuant to the provisions of the Leroy F. Greene School Facilities Act of 1998), and Eastem Foothill Transportation Corridor, as required. The project approval includes certain fees, dedications, reservations, and/or other exactions. Pursuant to G.C. 66020, thesl~ conditions or requirements constitute written notice of the fees and/or a description of the dedication, reservation, or other exaction. You are hereby notified that the 90-day protest period commencing from the date of approval of the project has begun. If you fail to file a protest of regarding these conditions or requirements, you are legally barred from later challenging such exactions per G.c. 66020.Failure to abide by and faithfully comply with anYalld all conditions attached to this approving action shall constitute grounds for the revocation of said action by the City of Orange's Planning Commission.If not utilized, this project approval expires two years from the approval date. A one-year extension of time may be permitted upon written request, if received before the expiration deadline.ADOPTED this 11 th day of March, 2003.r1/ IJ ( fYvl hY, Mayor, ofOrange ATTEST: d4'4-t<~ ~-<Ad Cassandra 1. Cat , City Clerk, City of Orange I, CASSANDRA J. CATHCART, City Clerk of the City of Orange, do hereby certifythatthe: foregoing Resolution was duly and regularly adopted by the City Council of the City ofOrangeataregularmeetingthereofheldontheIIth day of March, 2003, by the following vote: AYES: NOES: ABSENT: ABSTAJN: COUNCIL MEMBERS: AMBRIZ, ALVAREZ, MURPHY, COONTZ, CAVECCHECOUNCILMEMBERS: NONE COUNCIL MEMBERS: NONE COUNCIL MEMBERS: NONE AAA~~~7~--t- tt-d- _Cassandra J. Cathcart, City Clerk of the City of Orange TRACT SUBDIVISIONS INFORMA nON AND CONDITION SHEET ADDENDUM A I. A II tract plans and development to be in accordance with City instructions to Subdividers and Engineers and specific requirements for public works improvements for the development and improv'ement of land. 2, All sewer lines to be laid on 4" sand cushion in confomlance with our standard SpecialProvisionsforsewers, 3. All dead and diseased windbreak trees shall be removed. Remaining trees shall be trimmed as required by the Parks Division of the Public Works Department. 4. Alii lots in this tract are subject to a Business License fee in accordance with Section 6110.2 and a residential development fee in accordance with Sections 670 I through 6707 of the Orange Municipal Code. 5, All streets, sewer and storm drain connection to be per City standards and dedicaled to the City of Orange and approved by the City Engineer. 6. All irrigation lines located in or across streets being constructed in tract; when lines are abandoned they shall be completely broken out and removed; when lines are to remain in service they shall be reconstructed with 2000 - D R.C.P. with rubber gasket joints with a minimum cover of twenty-four (24") inches. 7. Weir boxes shall be removed or relocated to the s<ltisfaction of the City Engineer and the oIVnlllg company. 8, All water mains, services and connections shall be constructed by the Subdivider with the approval of the Water Superintendent all in accordance with Section 7700 of the OrangeMunicipalCode. 9. Where street improvements for tract cause a change of grade on existing streets to which the tracl development connects the Subdivider shall, at his expense, regrade and repavesuchstreetsforthefullwidthofsuchexistingpavement. This requirement shall also applyatallintersectionswheresimilarconditionsareinvolved. 10, All utilities shall be placed underground in conformance with Section 9127 of the OrangeMunicipalCode. II. All utilities and other underground services .must be installed before paving of street n subdivisions, In other words, there will be NO pavement cutting for services to hOllies AFTER street is paved. 12. Subject to a grading plan being approved by Ihe City Engineer. 13. Subjcct 10 a soils report and/or gcological investigation rcport as rcquired by the CityEngineerbeingapprovedpriortothcissuanceofagradingpcnnil. 14. When the grading of a tract causes a change of grade in cxcess of 12" above or below thegradeofIheadjacentpropertylinesatthetimeofconstruction, a rClaining wall of concrete or concrete blocks shall be constructed. 15. Tree planting shall be required as outlined III Chapter 9 of Article vn of the OrangeMunicipalCode. 16. That adequate temporary or permanent fire protection facilities approved by the Fire Department and the Water Department be provided prior to the storage of combustible m2,terials on site. 17. AlII lost shall be fumished with PVC or other suitable irrigation piping material under all public and private walks and driveways. The number, size, length and location shall be subject to the approval of the Parks Maintenance Section. 18. All cut or fill slopes over five.J5') feet in height shall be landscaped and sprinklered as required by the Departmcnt of Public Works. 19. Strc:et centerline control points shall be monumen.ted as requircd by the Depanment ofPublicWorks.