Loading...
RES-9713 Tentative Tract Map 16443 ApprovalRESOLUTION NO. 9713 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE APPROVING TENTATIVE TRACT MAP 16443 TO ALLOW THE SUBDlVSION OF 9.94 ACRES OF LAND FOR CONDOMINIUM PURPOSES UPON PROPERTY LOCATED ON THE WEST SIDE OF ECKHOFF STREET APPROXIMATELY 260 FEET NORTH OF ORANGEWOOD AVENUE (SITE ADDRESS 604 THRU 648 N. ECKHOFF STREET). APPLICANT: GUTHRIE DEVELOPMENT COMPANY WHEREAS, Tentative Tract Map 16443 was filed by the applicant in accordance with the provisions ofthe City of Orange Municipal Code; and WHEREAS, Tentative Tract Map 16443 was processed III the time and maIDler prescribed by state and local law; and WHEREAS, the project is Categorically Exempt from the provisions of the Califomia Environmental Quality Act per State CEQA Guidelines Section 1530 l-k; and WHEREAS, on September 25, 2002 the Staff Review Committee reviewed the proposed tentative tract map and recommended that the tentative tract map proceed subject to conditions; and WHEREAS, the Planning Commission conducted one duly advertised public hearing on January 20, 2003 for the purpose of considering Tentative Tract Map 16443 upon property generally described as follows:See Attached Exhibit A NOW, THEREF'ORE, BE IT RESOLVED that the City Council ofthe City of Orange hereby approves Tentative Tract Map 16443 to subdivide 9.94 acres for condominium purposes based on the following findings:SECTION 1 - FINDINGS Tentative Tract Map 16443 1. The proposed subdivision is in confoilllance with the City's General Plan Land Use and Zoning Ordinance. 2. The proposed subdivision is subject to eonditions to ensure that the existing site improvements and land uses will be maintained in a manner consistent with the City's General Plan and Zoning Ordinance. 3. 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. 4. 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. SECTION 2 - ENVIRONMENTAL REVIEW The project is Categorically Exempt from the provisions of the California Environmental Quality Act per State CEQA Guidelines Section 15301..k.SECTION 3 - CONDITIONS OF APPROVAL BE IT FURTHER RESOLVED that the following conditions are imposed with approval:General 1. 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) and as recommended for approval by the 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. 4. Applicallt shall defend at hislher sole expense any action brought against the City of Orange because of the approval of this map. 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 ofhislher obligations under this condition. 5. Sub-divider shall defend, indemnify, and 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 annul an approval of the Board of Supervisors, Planning Commission, Zoning Administrator, or Subdivision Committee concerning this subdivision, which action is brought within the time period provided for in Govemment 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 purSUallt to Goverrunent Code Section 66474. 9(b).6. These conditions will be reprinted on the cover sheet or first page of construction plalls, including grading plans.7. Prior to recording the final map, the applicant shall prepare a detailed landscape plan for privately maintained areas. The plan shall be certified by a licensed landscape architect or a licensed landscape contractor, as required, as taking into account approved City Standards. Said plan shall be reviewed and approved by the Design Review Committee and the Community Services Department.8. Prior to recording the final map, applicant shall install said landscaping and irrigation system and shall have a licensed landscape architect or licensed landscape contractor, certify that it was installed in accordance with the approved plan. The applicant shall fumish said certification, including an irrigation management report for each landscape irrigation system, and any other implementation report determined applicable, to the Landscape Development Associate prior to the issuance ofany ce:tificates of llse and occupancy.9. Prior to recording the final map, the applicant shall demonstrate that all exterior lighting has been designed and located :;0 that all direct rays are confined to the property in a manner meeting the approval of the PlaIDling Manager and Police Department.10. Prior to the issuance of any grading permits, the appliCallt shall provide adequate sight distance at all street intersections, in a manner meeting the approval of the Director of Public Works. This include~: any necessary revisions to the plan such as removing slopes or other encroachments from the limited use area.The following conditions shall be complied with to the satisfaction of the City of Orange's Department of Public Works.1 I. A final tract map shall be recorded within 24 months after tentative approval and prior to the sale or lease of allY parcel.12. Prior to recordation of the final tract map monuments shall be set, based on a field survey.13. 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 14. Prior to recording the final map, the applicant shall submit and obtain approval from the Building Official, Planning Manager and 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 whem:ver they are applicable to a project, the assignment of long-term maintenance n:sponsibilities ( specifying the developer,parcel owner, maintenance association, lessee, etc.. .); and, shall reference the location(s) of structural BMP's including a clarifier to be constructed at the driveway entrance on Eckhoff Street.15. That CC&R's, deed restrictions, or similar 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 Attomey. 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 Attomey, Public Works Director and the Community Development Director at City's hourly billing rate.16. The applicant/developer shall pay all applicable fees prior to City approval of Final Map, such as water cOlmection charges, sewer frontage fees, etc.17. Prior to recordation of the final track map the existing sanitary sewer system shall be evaluated by video inspection and a report submitted to the City Department of Public Works. The future tenant association shall maintain the sanitary sewer system and so stated in the CC&Rs.18. The applicant/developer shall install an on-site dedicated water system as designed by the City of Orange Water Division.19. Each tenant space shall be metered separately unless otherwise approved by the Water Manager.20. The applicant/developer shall enter into a Decorative Improvement Agreement with the City prior to approval of the final Public Water system plan.21. The applicant/developer shall satisfy all water main connection, plan check, and inspection charges as deternlined by the: City of Orange Water Division.22. The applicant/developer shall furnish and install remote read water meters as approved Code !Provisions The following Code provIsIOns are applicable to this project and 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, these 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 \(:gally barred from later challenging such exactions per G.C. 66020.Failure to abide by and faithfully comply with any and all conditions attached to this approving action shall constitute grounds for the revocation of said action by the City of Orange's PlaIDling 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 II th day of March, 2003.JJ:l J ~ )/fvL Mark A. Murphy, Mayor, City ATTEST: 1A1A--uAaut1 (J::f- A A~Cassandra J. Cath rt, City Clerk, CIty of Orange I, CASSANDRA J. CATHCART, City Clerk of the City of Orange, Califomia, 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 II th day of March, 2003, by the following vote: AYES NOES ABSENT:ABSTAIN:COUNCIL MEMBERS: Anlbriz, Alvarez, Murphy, Coontz, Cavecche COUNCIL MEMBERS: None COUNCIL MEMBERS: None COUNCIL MEMBERS: None 4A"~-d/~~.. r~ ~ AJr Cassandra 1. Cath , CIty Clerk, CIty EXHIBIT" A" L.EGAL DESCRIPTION THAT PORTION OF THE lAND AllOTTED TO ALFRED B. CHAPMAN IN DECREE OF PARTlTION OFTHERANCHOSANTIAGODESANTAANA. IN THE CITY OF ORANGE. COUNTY Of" ORANGE, STATEOf' CAlIFORNlA, RENDERED IN CASE NO.1' 92 AND ENTERED SEPTEMBER 12, 1868 IN BOOK ?B7,PAGE 410 OF JUDGEMENTS OF THE 17TH JUDICIAL DlSTRlCT COURT OF CAlIFORNlA. DESCRlBEDASFOllOWS: BEGINNING AT A POINT NORTH 1.324.06 FEET FROM THE SOUTHWEST CORNER OF THEALLOTMENTOFrHElANDMADETOMARYC. THOMAS, AS SET FORTH IN A DECREE OFPARTITIONMADEJANUARY24, 1881. BETWEEN JAMES GARRISON AND MARY C. THOMAS ANDOTHERSBYTHESUPERIORCOURTOFTHESTATEOFCAllFORNIA, IN ANO FOR THE COUNTY OFlOSANGELES; THENCE SOUTH 373.60 FEET; THENCE SOUTH 89'467007 EAST 1,166.00 FEET TOTHEPOINTOFBEGINNING. EXCEPTING THAT PORTION lYING WESTERLY OF THE EASTERLY LINE OF THE lAND DESCRlBED INTHEDEEDTOTHESTATEOFCALIFORNIA, RECOROED MARCH 6, 1963 IN BOOK 6455. PAGE 255OFOFFlCIAlRECORDS. ALSO EXCEPTlNG THAT PORTlON THEREOF DESCRIBED IN THE DEED TO THE STATE OFCAlIFORNlA, RECORDED JANUARY 23. 1968 IN BOOK 8499, PAGE 7 OF Of"FIClAl RECORDS. ALSO EXCEPTING THEREFROM THAT PORTION OF SAID lAND lYING I'<I:STERlY OF THE FOllOWINGDESCRIBEDLINE; BEGINNING AT A POINT IN THE CENTERLINE OF ORANGEWOOD AVENUE, DESCRIBED AS A STRIP OFlAINO, 60.00 FEET WIDE, IN PARCEL 105 Of" OEED RECORDED IN BOOK 7973, PAGE 289 OF SAIDOFFICIALRECORDS, DISTANT ALONG SAIO CENTERLINE, NORTH 8910?53? I'<I:ST, 609.03 FEETFROMTHEINTERSECTIONOFSAIDCENTERLINEWITHTHECENTERLINEOFECKHOFFSTREET. ASSAIDINTERSECTIONISDESCRIBEDINSAIDlASTMENTIONEDDEED; THENCE NORTH 00'497077EAST. 50.00 FEET TO A llNE PARALLEL WITH AND OlSTANT NORTHERLY 50.00 FEET. MEASUREDATRIGHTANGLESFROMSAIDCENTERLINEOFORANGEWOODAVENUE; THENCE ALONG SAlDPARAllELllNENORTH89'10?53? WEST, 50.00 FEET; THENCE NORTH 67'367367 WEST, 11J.45FEETTOATANGENTCURVE. CONCAVE NORTHWESTERLY, HAYING A RADIUS Of" 225.00 FEET;THENCE NORTHWESTERLY ALONG SAID CURVE, NORTH 12'21743? WEST, 370.13 FEET; THENCENORTH02197307WEST, 413.39 FEET.