RES-9491 Denying Appeal No. 482RESOLUTION NO, 9491
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE DENYING APPEAL NO, 482
AND UPHOLDING PLANNING COMMISSION
APPROVAL OF TENTATIVE PARCEL MAP 2001-
116 AND MINOR SITE PLAN REVIEW 170-
01 REGARDING THE LOCATION OF A
PRIVATE DRIVEWAY ALONG THE WEST SIDE OF
THE PROPERTY LOCATED AT 4629 EAST
WALNUT
AVENUE.Appeal No.
482 Appellant: Councilwoman Joanne Coontz, on behalf
of Lynette Ammer and surrounding
neighbors
RECITALS:WHEREAS, this project is categorically exempt from the prOVlSlons of
the California Environmental Quality Act per State CEQA Guidelines Section 15315;
and WHEREAS, on April 16, 2001, the Planning Commission of the City of
Orange conducted a public hearing required by law to consider an appeal of the Staff
Review Committee's approval of Tentative Parcel Map No. 2001-116 and Minor Site
Plan Review 170-01, which proposes a private driveway along the west side of
the property; and WHEREAS, the subject property, commonly known as 4629
E. Walnut Avenue,Orange, is more particularly
described as follows:ADDRESSED 4629 E. WALNUT AVENUE. SOUTHERLY
235 FEET OF THE EASTERLY 166 FEET OF THE SOUTH 4
ACRES OF THE WESTERLY Y, OF LOT 13, BLOCK "B" MR
3/430-431 LA-CO.WHEREAS, by Resolution No.
PC-08-01, the Planning Commission approved Tentative Parcel Map No. 2001-116
and Minor
Site Plan Review 170-01, with certain findings; and WHEREAS, Appeal
No. 482 was timely filed by the appellant, Councilwoman Joanne Coontz, on
behalf of Lynette Arnmer and her surrounding neighbors; and WHEREAS, the City Council
heard the appeal of appellant by
WHEREAS, at said public hearing, the City Council heard testimony of appellants
and members of the public, and considered documentary evidence presented.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Orange that, based upon the substantial evidence presented, Appeal No. 482 is denied and
Tentative Parcel Map No, 2001-116 and Minor Site Plan Review No. 170-01
are approved based on the
following findings:I. The design of the plan proposed by the appellant is not consistent
with the surrounding subdivisions in that the rear of existing lots are not
adjacent to the rear of the proposed lots as is more typical for
the area.2, The placement of the driveway on the east side, as proposed,
places the rear yards of the new lots in close proximity to a non-
conforming use of stabling horses and could present an undue hardship on
the new residents.3. Issues of privacy and solar access are adequately
addressed with code required setbacks making it unlikely to create an
unreasonable hardship
on existing neighbors.4. The basic design constraints of historic drainage
patterns and existing infrastructure (a telephone pole on the easterly
frontage), although not insurmountable, do not contribute to a logical
choice for access.BE IT FURTHER RESOLVED that the following conditions are
imposed with the approval of Minor Site Plan 170-01 and
Tentative Parcel Map 2001-116:I. A final parcel map shall be recorded within 24 months
after tentative approval and prior to the sale
of lease of any parcel.2. Monuments shall be set
based on a field survey.3. Reciprocal ingress/egress, drainage and
utility easements between parcels and maintenance of common driveway shall be recorded prior to the
transfer
of title of any parcel.4. Each parcel shall have its own separate
water meter and sewer lateral.5. The developer shall construct cable television facilities as
required by the City'
s Franchise cable television company.6. All three parcels shall be rough graded at the same time
per a grading plan approved and permitted by the City Engineer including
street frontage curb repair and replacement, as directed by the City Engineer.
A preliminary soils
investigation report will be required.7. All three residential structures shall display the
required address devices per City Ordinance. Lots 2 and 3 shall display an additional similar
address
device at the street drivewayentrance.8. Mailboxes shall be at a common location along the
Walnut Avenue parkway
per the Post Office requirements 9. The residential structure on lot 3 shall be fire sprinklered per U.
F.C., in lieu of
providing proper fire truck access.
10. The private driveway shall be bonded or constructed per approved Minor Site Plan
Review No. 170-01, and per a plan approved by the City Engineer prior to the
City approving the Final Map. The cul-de-sac and one side of the drive shall
be posted "No Parking - Fire Lane". The drive shall be designed to carry a 60,000 Ib, fire truck
and trash
truck.11, The developer shall dedicate and construct Walnut Avenue (including city sidewalks)
to City
standards.12. This approval is subject to payment of all development fees including but not
limited to: Eastern Transportation Corridor Fee, Police Facility Fee, Fire Facility Fee,
Park Acquisition Fee, School Development Fee, Transportation System
Improvement Program Fee and Drainage Assessment Fee, prior to the issuance of building
permits.13. Building pads shall be 1.0 foot above the 100 year flood elevation per the
National Flood Insurance Program
requirements.14. The private driveway shall be located along the westerly property
line.15. All lots shall consider the property line furthest from the access drive parcel as the
rear property line, and that lot line closest and parallel to the driveway parcel to be the
front property line for purposes of defining
yards.NOT
ADOPTED.
I City of
Orange
ATTEST:I hereby certify that the foregoing Resolution was not adopted by the City Council
of the City of Orange at a regular meeting thereof held on the 14th day of August, 2001, by
the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS: Cavecche, Slater
COUNCILMEMBERS: Alvarez, Mayor Murphy, Coontz
COUNCILMEMBERS: None
COUNCILMEMBERS: None
euAfA~tYj/AA'A<=r
Cassandra J. Cathc ,City Clerk, City of Orange
Reso No, 9491 3 GAS