RES-9210 Approving Tentative Tract Map No. 15680 for Proposed Construction of 49 Single Family ResidencesRESOLUTION NO. 9210
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ORANGE UPHOLDING THE RECOMMENDATION
OF THE PLANNING COMMISSION AND APPROVING A
TENTATIVE TRACT MAP TO ALLOW THE
SUBDIVISION OF 5.7 ACRES OF PROPERTY LOCATED
EAST OF CANAL STREET AND SOUTH OF HElM
AVENUE, ADJACENT TO THE MALL OF ORANGE,
FOR PROPOSED CONSTRUCTION OF 49 SINGLE-
FAMILY RESIDENCES.
Tentative Tract Map 15680
Applicant: Greystone Homes, Inc.
RECITALS:
After report thereon by the Planning Commission and after due public hearing as required
by law, the City Council of the City of Orange considered a recommendation of the Planning
Commission recommending by Resolution No. PC 72-99 that Tentative Tract Map 15680
be approved to allow the subdivision of 5.7 acres of property located east of Canal Street and
south of Heim Avenue, adjacent to the Mall of
Orange.After finding and determining the hereinafter described facts, the City
Council determined that the project could not have a significant effect on the environment, a
Negative D,:c1aration should be adopted, and Tentative Tract Map 15680 should be approved,
as recommended by the Planning Commission. The real property which is the subject of
Tentative Tract Map 15680 is generally depicted on Exhibit "A", attached hereto and incorporated
herein by this reference and is more particularly described
as:A portion of Lot 381 and a portion of Lot 387 of the R. B. Taylor Tract,
excluding one parcel presently owned by Mr. Eddie Rios, as shown on a map recorded
in Book 36, pages 61 and 62, of Miscellaneous Maps, Records in the office of
the County Recorder of Orange County,
California.During its public hearing, the City Council found the facts more particularly set forth
as
foHows:1. The applicant, Greystone Homes, Inc., is proposing to subdivide the property, to
be rezoned as R-2-6, into 49 numbered lots and 5 lettered lots, upon which it
will build 49 single family residential dwellings on small lots, a recreation facility and
4 open space parcels
2. Pedestrian and vehicular access to the proposed development will be via an entrance on
Canal Street and an entrance on Heim A venue. An L-shaped road will connect
the entrances on Canal Street and Heim
Avenue.3. The proposal includes recordation of CC&Rs to assign responsibility for maintenance
of the private road, sewers, storm drains and
landscaping.4. The environmental impacts of the proposal have been examined and it is determined
that no negative effects will
result.NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Orange that Tentative Tract Map 15680 be approved for the following
reasons:1. The foregoing recitals are true and
correct.2. The design of the subdivision and proposed improvements will not
cause subst<mtial environmental damage or substantially and avoidably injure fish or wildlife or
their habitat, cause serious public health problems, or conflict with any easements for public
access through or use of property within the proposed
subdivision.3. The City Council hereby approves the Negative Declaration and authorizes
and directs the City Clerk to complete and file with the Clerk of the County of Orange a Notice
of Determination in accordance with Section l5096(i) of the State California
Environmental Quality Act
Guidelines.4. The proposed subdivision, including its provisions for design and improvement,
is consistent with the City's General Plan, as amended by Resolution No.
9209.5. The site is physically suitable for the proposed medium density
residential
development.BE IT FURTHER RESOLVED that Tentative Tract Map 15680 be approved subject
to the following
conditions:1. Within two (2) days of final approval of this project by City Council, the applicant
shall deliver to the Planning Division a cashiers check payable to the Orange County Clerk,
to fulfill the County administrative fee, thus enabling the City to file a Notice of
Determination.If it is determined that there will be no impact upon wildlife resources, the fee shall
be 38.00. If the applicant has not delivered the required fees within such two day
period,approval for the project granted herein shall be
void.2. All plans shall conform in substance with those approved by the City
Council.3. Architectural and landscape plans shall be reviewed and approved by the City's Design
Review
Committee.Reso No. 9210
4. Adequate sight distance shall be provided for adjacent driveways serving the Mall of Orange.
Pursuant to detail shown on the preliminary landscape plan, no fencing will be proposed
along side property lines that divide Lots A and D in Tentative Tract 15680 from the Mall's
property.
5. The project's perimeter wall shall be constructed along side and rear property lines of the
property identified as "N.A.P." on the site plan in order to provide adequate privacy and
otherwise protect the adjacent single-family residential land
use.6. Prior to issuance of a demolition permit and/or initiation of grading activity, the
developer shall either complete construction of the garden wall that is required above, or construct
a temporary dust membrane around the "N.A.P." parcel. Either requirement is additional
to watering for dust
control.7. The sanitary sewer shall be extended from Lot 38 (near Canal Street) southwest to
the common property line of the adjacent "N.A.P." property, at a location that is acceptable
to that property owner, who will be permitted to connect his building (or any
subsequent development) to the sanitary sewer, which will be maintained by the City of
Orange.Conditions 8 through 21 shall be completed according to the satisfaction of the Public
Works
Director:8. Comply with standard conditions listed in addendum sheet No.1, as
attached.9. A final tract map shall be recorded within 24 months after tentative approval and prior to
the sale or lease of any
parcel.10. Monuments shall be set based on a field
survey.11. Dedicate and construct the on-site domestic water system as designed by the
Water Division.Additionally, the following must
be completed:The developer shall satisfy all service connection, water mam plan
check, and inspection charges required by the
Water Division.Each unit shall be metered separately, unless otherwise approved by
the
Water Manager.The developer shall furnish and install individual pressure regulators on
all services where incoming pressure exceeds
80 psi.A 15- foot water utility easement shall be dedicated by the property owner
to include the water main, meters, detector checks, and
fire hydrants.The developer shall prepare and submit a decorative pavement agreement
with the City, subject to approval by the City Attorney. The homeowners association
shall be responsible for replacement of any decorative paving in the event
that on-site excavation is required for replacement of underground water
lines. This agreement should be included as a part of the project's
CC&R's.3
1. Install cable television facilities as required by City's franchised cable television companies.
This shall include easement rights for service connections to all buildings.
2. CC&R's shall be prepared by the developer and submitted for review and approval by the
Ciity Attorney's office. CC&R's shall include a provision for maintenance and repair of the
private drives, sanitary sewers, and storm drains within the tract and landscape maintenance,
including that within the parkways of Heim Avenue and Canal Street.
3. Gate entries shall not be permitted across private streets for this development. CC&R's and
the approved final map shall contain a perpetual restriction against gated entries at primary
access drives.
4. Dedicate to the City the right to enter the private driveways for maintenance of public
utilities, emergency access, trash collection, etc. Provide note that entry gates shall be
prohibited in perpetuity.
5. Pay all applicable fees prior to City approval of Final Map such as water service charges and
sewer frontage and sewer connection fees.
6. Design of the private streets and intersections shall be subject to review and approval by the
City Engineer, Fire and Police Departments.
7. Improve Heim Avenue and Canal Street to fully-required widths and City
standards,including the frontage of the not-a-part lot
on Canal Street.8. Sidewalks shall be constructed to a minimum width of 6 feet for any public
right of way,with adequate public access (48 inches clearance) provided on all
private walkways, as indicated by cross-sections on the applicant's tentative map; however,
Section B shall be eliminated and Section A shall apply to construction of E Street,
so that a
private walkway is provided.9. Any proposal to satisfy access requirements by use of
private property shall be documented by easement and disclosed in CC&R's. Sidewalks in
public rights of way shall include tree wells for City-required street trees. The street
tree shall be selected in consultation with the City's
Landscape Coordinator (Community Services Department).10. Sltreet improvements shall include Marbelite street lights,
to be installed with underground st:rvice provided, subject to approval
by the City Traffic Engineer.Conditions 22 through 27 shall be completed according to
the
satisfaction of the Fire Department:11. The developer shall provide on-site fire hydrant( s)
and mains capable of supplying adequate fire flow. The hydrant model and on-site locations
shall be reviewed and approved by the Fire Department and have three (3) feet
minimum clearance
around the circumference of
12. The number and location of hydrants shall be determined by Fire and Public Works
Departments.
13. Every building shall be accessible to Fire Department trucks and other equipment by an
access roadway of not less than 20 feet of unobstructed width, having a minimum of 13'-6"
of overhead clearance. The access roadway shall be extended to within 150 feet of all
portions of the exterior walls of the first story of any building. (UFC Sections 901 and 902)
14. All streets less than 36 feet wide shall be marked and signed as a fire lane. Markings and
signs shall be provided and installed according to City of Orange Fire Lane Standards.
15. Required access roadways shall have an all-weather driving surface capable of supporting
the imposed loads of fire apparatus (50,000 pounds) and shall not exceed the angle of
departure for fire equipment on any slope. (UFC Section 902.2.2.
2)16. Required access roadways shall provide adequate turning radii for fire trucks and other
large vehicles. A 45-foot outside and 25-foot inside radius is required. (UFC Section902.
2.2.3)The following general
conditions shall apply:17. The applicant agrees to indemnify, hold harmless, and defend the City,
its 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.18. The applicant shall comply with all federal, state and local laws. Violation of
any of those laws in connection with the use will be cause for
revocation ofthis permit.19. These conditions shall be copied and reprinted on the first sheet
of construction plans.The following Code provisions are applicable to this project and
are included for information only. This is not a complete list of requirements, and other
Code provisions may apply
to the project.Prior to issuance of building permits, the applicant shall pay
all statutory development fees, including but not limited to: Transportation System Improvement
Program, Fire Facility,Police Facility, Park Acquisition, Sanitation District, School District,
and Eastern Foothill Transportation
Corridor, as required.Construction and grading activity is limited to the hours between 7:00 AM and
8:00 PM,Monday through Saturday. Such activities are not permitted on Sunday
or federal holidays.5
ADOPTED this 11th day of January, 2000.
I' Orange
ATTEST:
1~W~/AA/t
Cass:mdra J. City <t1e'rk of the City of Orange
I 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 11th day of January, 2000,
by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCIL MEMBERS: MURPHY, SLATER. COONTZ. SPURGEON. ALVAREZ
COUNCIL MEMBERS: NONE
COUNCIL MEMBERS: NONE
COUNCIL MEMBERS: NONE
j~A'~~riCr-~z
Cassandra J. Cathcart, ity Clerk of the City of Orange
MEB
Reso No. 9210 6
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APPROVED
GENERAL PLAN . ~
AMENDMENT 3-98
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