RES-9211 Approving Administrative Adjustment No. 99-17 to Allow Construction of Planned Unit DevelopmentRESOLUTION NO. 9211
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ORANGE UPHOLDING THE RECOMMENDATION
OF THE PLANNING COMMISSION AND APPROVING
AN ADMINISTRATIVE ADJUSTMENT TO ALLOW
REDUCTION OF THE REQUIRED LENGTH OF A
RESIDENTIAL DRIVEWAY, AND A CONDITIONAL USE
PERMIT TO ALLOW CONSTRUCTION OF A PLANNED
UNIT DEVELOPMENT COMPRISED OF 49 UNITS, ON
5.7 ACRES OF PROPERTY LOCATED EAST OF CANAL
STREET AND SOUTH OF HElM A VENUE, ADJACENT
TO THE MALL OF ORANGE.
Administrative Adjustment 99-
17 Conditional Use Permit
2227-98 Applicant: Greystone
Homes,
Inc.RECITALS:After report thereon by the Planning Commission and after due public hearing
as required by law, and after receiving a recommendation from the Planning Commission
recommending by Resolution No. PC 71-99 that an administrative adjustment and conditional use
permit request to allow reduction of the required length of a residential driveway by 10 percent on
each of 49 parcels and to allow construction of a planned unit development on 5.7 acres
of property located east of Canal Street and south of Heim Avenue, adjacent to the Mall of Orange,
be approved, the City Council considered said recommendation and the testimony received at
said public hearing and determined that the recommendation of the Planning Commission should
be upheld and Administrative Adjustment 99-17 and Conditional Use Permit
2227-98 should be approved.After finding and determining the hereinafter
described facts, the City Council determined that the project could not have a significant effect
on the environment, and a Negative Declaration should be adopted. The real property which
is the subject of said Conditional Use Permit and Administrative Adjustment 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
1. The applicant, Greystone Homes, Inc., is proposing to subdivide the property and build
49 single family residential dwellings on small lots, a recreation facility and 4 open space
parcels for common ownership.
2. Pedestrian and vehicular access to the proposed development will be via an entrance on
Canal Street and an entrance on Heim Avenue. 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 Administrative Adjustment 99-17 be approved for the
following reasons:1. The proposed reduction of driveway length is not detrimental to
public health,safety, and general welfare of residents in the proposed Planned Unit Development or
others in
the vicinity.2. The adjustment would not compromise the intent of the regulation,
to provide surplus parking spaces between private streets and each garage door, as the City'
s parking standards indicate that 18 feet is adequate storage for the average length of
an automobile.BE IT FURTHER RESOLVED by the City Council of the City of
Orange that Conditional Use Permit 2227-98 be approved for
the following reasons:1. The foregoing recitals are
true and correct.2. The project is approved based upon sound principles of land use
and in response to services required
by the community.3. The project conforms to the proposed General Plan land use
designation of Low-Medium Density Residential in regard to land use
designation and density.4. The project will not cause deterioration of bordering
residential or commercial land uses or create special problems for the area in which it is located. The project
site has no unique physical, topographic or enviromnental features that should be
preserved through
the development proposal.5. The project has been considered in relationship to its effect on
the community or neighborhood plan for the area in which it is located and no negative effect has
been found. The project utilizes creative and imaginative planning and design features to create
a
quality living environment.Reso
BE IT FURTHER RESOLVED that Conditional Use Permit 2227-98 be
approved subject to the following conditions, which are necessary to preserve the general welfare and
not the applicant's individual
welfare: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.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 demolitionpermit 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. I,
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.1 O. Monuments shall be set based on a
field survey.3 Reso
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.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 City 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
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. Street improvements shall include Marbelite street lights, to be installed with
underground service 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
the fire hydrant.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 isrequired. (
UFC Section 902.2.2.
3)Thefollowing 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 of this permit.19, These conditions shall be copied and reprinted on
the first sheet of
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.
ADOPTED this 11th day ofJanuary, 2000
ATTEST:
q/~A<~~~~A'AA;t-
assandra J. Ca ,City Clerk 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
MEB
Reso No. 9211 6
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