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RES-8907 Approving Tentative Tract Map No. 14680RESOLUTION NO. 8907 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE UPHOLDING THE RECOMMENDATION OF THE PLANNING COMMISSION OF THE CITY OF ORANGE AND APPROVING THE SUBDIVISION OF PROPERTY SITUATED WEST OF PROSPECT STREET BETWEEN SPRING STREET AND WALNUT AVENUE. Tentative Tract Map 14680 Minor Site Plan Review 45- 97 Applicant: Beazer Homes California, 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 Resolutions No. PC 50-97 and 51-97, respectively, that the subdivision of property situated Wl~st of Prospect Street between Walnut Avenue and Spring Street, including a minor site plan review to allow the creation of lots within that subdivision without direct access to a public street, 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 Tentative Tract Map 14680 and Minor Site Plan Review 45-97 be approved. The subject property is more particularly described as follows:ALL THOSE PORTIONS OF LOTS 19, 20, 21 AND 22 OF THE C. HOWARD THOMPSON TRACT, IN THE CITY OF ORANGE, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 1 PAGE 22 OF RECORDS OF SURVEYS, IN THE OFFICE OF THE COUNTY SURVEYOR OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS:BEGINNING AT THE CENTERLINE INTERSECTION OF SPRING STREET AND PROSPECT AVENUE (TO BE ABANDONED), BEING THE SOUTHWEST CORNER OF SAID LOT 22 AS SHOWN ON A MAP OF SURVEY RECORDED IN BOOK 78 PAGE 44 OF RECORDS OF SURVEYS AND RUNNING; THENCE SOUTH 890 24'23" EAST 440 FEET TO AN INTERSECTION WITH THE CENTERLINE OF PROSPECT AVENUE (PROPOSED), AS SHOWN ON SAID MAP OF SURVEY;THENCE NORTH 000 21' 16" EAST 1,034.69 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE SOUTHEAST, AND HAVING A RADIUS OF 300 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH AN ANGLE OF 90005' 31" AN ARC DISTANCE OF 471.72 FEET TO THE CENTERLINE OF WALNUT AVENUE, AS SHOW'N ON SAID MAP OF SURVEY;THENCE NORTH 890 33' 13" WEST, ALONG SAID CENTERLINE OFWALNUT AVENUE, 740.49 FEET TO THE CENTERLINE OF PROSPECT AVENUE (TO BE ABANDONED), AS SHOWN ON SAID MAP OF SURVEY; 21' 16" WEST, ALONG SAID CENTERLINE, 1,334.05 FEET TO THE POINT OF BEGINNING; EXCEPTING THEREFROM THAT PORTION THEREOF INCLUDED WITHIN SPRING STREET ON THE SOUTH, PROSPECT AVENUE ON THE EAST, AND THE MOST EASTERLY PORTION OF WALNUT A VENUE, AS CONVEYED TO THE CITY OF ORANGE BY DEED RECORDED AUGUST 17,1965 IN BOOK 7633 PAGE 424 OF OFFICIAL RECORDS. Upon the public hearing before the City Council, the following facts were established: 1. The applicant, Beazer Homes California, Inc., is proposing to develop a vacant parcel of land located east of Prospect Street between Walnut Avenue and Spring Street into 42 parcels to be developed with 131 dwelling units. The subj ect property is approximately 11 acres in size. In order to develop the proposed project, the applicant is proposing to reclassify the subject property from M-H (Mobile Home) to R-3 ( Residential, Multi-Family).2. The proposed development will have private streets, common open space and recreational areas.3. The Planning Commission recommended approval of the applicant's requests because the proposal would allow the orderly development of the subject property in a manner compatible with surrounding residential uses and the development would include a precise street alignment for the eventual construction of the Walnut Avenue/Spring Street counection, which street alignment was also approved as outlined in Planning Commission Resolution No. PC-53-97. The Planning Commission further recommended approval of Zone Change 1191-97.NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orange that Tentative Tract Map 14680 and Minor Site Plan Review 45- 97 be granted for the following reasons:1. The project will not cause a deterioration of neighboring land uses.2. The project conforms to City of Orange development standards.3. The project will not cause significant negative environmental impacts.4. On- and off-site circulation is adequate to support the project.5. City and other public services are available and adequate to serve the project.6. The project is compatible with community aesthetics.BE IT FURTHER RESOLVED that the following conditions are imposed with approval:1. Development shall be in substantial compliance with plans approved by the Planning Commission and City Council, and on file with the Department 2. 3. 4. 5. 6. 7. The Design Review Board shall review and approve final plans for landscaping, building elevations, signing, and perimeter walls prior to issuance of building permits. Within two (2) days of final approval of this project, the applicant shall deliver to the Planning Division a cashiers check made payable to the Orange County Clerk, in the amount of $38.00 to fulfill the fee requirement of Fish and Game Code Section 711.4(d)(2) and the County administrative fee, enabling the City to file the Notice of Determination that is required under Public Resources Code 21152 14 Cal. Code Regulations 15075. Ifthe applicant has not delivered the required fee within that two- day period, approval for the project granted herein shall be void.Prior to issuance of grading or building permits, the applicant shall have received from the Orange County Solid Waste Local Enforcement Agency (LEA) a Clean Closure funding for the former pit site located east of Prospect Street between Walnut Avenue and Spring Street.Copies of Mitigated Negative Declaration 1531-97 shall be available at the sales office and the previous use and condition of the property shall be fully disclosed to potential new home buyers.All residential construction must comply with the State Energy Insulation Standards (title 24) and City of Orange Building Codes in effect at the time of application for building permits. The building permits have to be noted that the plans conform to the State standards at time of issuance.Glare from the private street lighting shall be shielded, screened, and/or oriented so as to not be seen from any point beyond the exterior boundaries of the property and the source shall not be a nuisance to any point beyond the exterior boundaries of the property, nor cause illumination in the surrounding residential areas exceeding of 0. 5 foot-candles.All residential lots and dwellings shall be sound attenuated against present and projected noise, which shall be the sum of all noise impacting the project, so as not to exceed an exterior noise standard of 65 dB CNEL in outdoor living areas and an interior standard of 45 dB CNEL in all habitable rooms. Evidence prepared under the supervision of a certified acoustical consultant that these standards will be satisfied will be satisfied in a manner consistent with applicable zoning regulations shall be submitted as follows:A. Prior to the recordation of a final tract/parcel map or prior to the issuance of Grading Permits, at the sole discretion of the City, an Acoustical Analysis Report shall be submitted to the City's Building Official, for approval. The report shall describe in detail the exterior noise environment and preliminary mitigation measures. Acoustical design Conditions denoted with an asterisk (*) are also mitigation measures.3 features to achieve interior noise standards may be included in the report in which case it may also satisfy the following paragraph. B. Prior to the issuance of any building permits, an acoustical analysis report describing the acoustical design features of the structures required to satisfy the exterior and interior noise standards shall be submitted to the City's Building Official for approval along with satisfactory evidence which indicates that the sound attenuation measures specified in the approved acoustical report(s) have been incorporated into the design of the project. C. Prior to the issuance of any building permits, all freestanding acoustical barriers must be shown on the project's plot plan illustrating height, location, and construction in a manner meeting the approval of the City's Building Official. D. Prior to issuance of any Certificates of Use and Occupancy, field testing in accordance with Title 25 regulations may be required by the City's Building Official, to verify compliance with STC and IIC design standards. 9. The applicant agrees to indemnify, hold harmless, and defend the City, its officers, agents and employees from any and all liability to claims that may be brought against the City arising out of its approval of this permit, save and except that caused by the City's active negligence. 10. 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. The following conditions shall be complied with to the satisfaction of the City of Orange's Department of Public Works. 11. Subject to conditions of addendum sheet #1. 12. Monuments shall be set based on a field survey. 13. Construct any remaining portions of Prospect Street not constructed with Tract 13842. 14. That private streets shall be constructed to City Standard Plan No. 108 or as required by Public Works Engineering, except that the standard 32 foot curb return radius can be reduced on private drives on the interior of the site to no less than a 20 foot radius except subject to the determination of the City Engineer of specific radius requirements for public safety upon review of the engineering plans; and that the entrance return radius can be no less than the City Standard. 15. Vehicular access rights to Prospect Street, Walnut Avenue and Spring Street shall be dedicated to the City of Orange. Reso No. 8907 4 16. Sidewalks on private streets shall be constructed to provide a minimum of 4 feet between outside edge of walk and any obstructions (street lights, fire hydrants, mail boxes, etc.) installed behind curb. 17. Private streets and alleys shall have "No Parking at any Time" signs installed as required by the City Traffic Engineer. At those areas where parking is specifically provided, developer shall install "Parking in Designated Spaces Only" signs. 18. Subject to dedicating an ingress/egress easement over the private streets and alleys to the City of Orange for public related functions. 19. C, C, & R's to be reviewed and approved by the City Attorney's office and Community Development Department prior to approval of the Final Map. 20. Cable television facilities shall be installed as required by City's Franchise Cable T.v. Company. This shall include easement rights to buildings be served. 21. Final design of gated entrance shall be reviewed and approved by the City Traffic Engineer prior to approval of Final Map. 22. Subject to restriping Chapman-Prospect intersection to provide room for a southbound right turn lane as directed by the Traffic Engineer.23. In lieu of installing the traffic signal at the intersection of Prospect and Spring streets as previously conditioned with Tentative Tract no. 14847, developer shall pay the City the cost of the signal ($150,000.00) and the City will install it after acquiring the necessary additional right-of-way to complete the southwest corner.24. Dedicate and construct a cul-de-sac per City Standard Plan No. 109 for Walnut Avenue just east of Virage Drive.25. Subject to successfully obtaining the approval of an amendment to the Master Plan of Streets and Highways for the alignment of the Walnut/Spring connection over Santiago Creek from the Orange City Council and the Orange County Transportation Authority prior to approval of Final Map.26. Developer to construct and dedicate to the City an off- site storm drain system to convey all on site storm water runoff to Santiago Creek consistent with the City's Master Plan of Drainage. This includes acquiring an easement from an adjacent property owner or paying the City the cost of acquiring the necessary easement.27. Developer to satisfY the requirements of the Orange County Solid Waste Local Enforcement Agency and their Clean Closure Workplan prior to the issuance of a 28. Emergency access to Virage Drive shall be constructed with an all weather surface and shall be designed and constructed to prohibit general vehicular ingress/egress as reviewed and approved by Fire and Public Works Departments. 29. Prior to issuance of grading permits, developer to make a cash contribution in the amount of $26,000 to the City in lieu of construction of the Walnut Avenue connection across Santiago Creek based upon the traffic impacts from this tract. 30. That a water easement over the private streets and alleys plus 3 feet on each side be dedicated to the City on the Final Map. 31. That a domestic water system be designed to City standards and dedicated after construction. Each unit to be metered separately. 32. Subject to pay all water main connection charges prior to the approval of the Final Map. 33. A Final Map shall be recorded within 24 months after tentative approval and prior to the sale or lease of any lot. 34. The applicant shall provide evidence to the City of Orange Department of Public Works that, during grading and construction, the applicant shall be responsible for compliance with the following: a. During clearing, grading, earth movmg, or excavation, maintain equipment engines in proper tune. b. After clearing, grading, earth moving, or excavation, wet the area down sufficient enough to form a crust on the surface with repeated soakings, as necessary, to maintain the crust and prevent dust pick up by the wind. c. During construction: use water trucks or sprinkler systems to keep all areas where vehicles move damp enough to prevent dust pick up by the wind. d. Phase and schedule construction activities to avoid high ozone days. Suspend grading operations during first and second stage smog alerts. e. Suspend all grading operations when wind speeds (as instantaneous gusts) exceed 25 miles per hour. f. Reduce traffic speeds on all unpaved surfaces to 15 miles an hour or less. g. Require all trucks hauling dirt, sand, soil, or other loose substances and building materials to be covered, or to maintain a minimum freeboard of two feet between the top of the load and the top of the truck bed sides. Reso No. 8907 6 h. Require enclosures or chemical stabilization of open storage piles of sand, dirt, or other aggregate materials. 1. Use vegetative stabilization, whenever possible, to control soil erosion from storm water. Reestablish ground cover on construction site through seeding and watering on portions ofthe site that will not be disturbed for lengthy periods (two or more months). J. Spread soil binders on the site, unpaved roadways, and parking areas. k. Utilize existing power sources (e.g., power poles) or clean fuel generators rather than temporary power generators. 1. Minimize obstruction of through-traffic lanes.m. Schedule operations affecting traffic for off peak hours, where feasible.n. Installation of wheel washers where trucks carrying fill material enter or exit the project site and shall enforce the use of the wheel washers before trucks and grading equipment leave the project site. This includes cleaning equipment morning and evening.Verification of compliance with this measure shall be the responsibility of the City of Orange department of Public Works.o. Implementation of a program to sweep streets at the end of the day if visible soil material is carried onto adjacent public paved roads. Verification of compliance with this measure shall be the responsibility of the City of Orange Department of Public Works.35. The applicant shall provide evidence to the City of Orange Department of Public Works that, during grading and construction, the hours of construction are limited to 7:00 a.m. to 7:00 p.m. on Monday through Friday.36. Prior to issuance of grading permits, the project applicant shall submit a detailed acoustical study for review and approval by the City of Orange Department of Public Works. The study shall include design specifications for required noise barriers as generally described in the "Noise Assessment for Rock Creek ranch South, City of Orange," August 28, 1997.The following conditions shall be complied with to the satisfaction of the City of Orange's Fire Department:37. Fire and Water Departments shall determine the number and location of hydrants.Conditions denoted with an asterisk (*) are also mitigation measures.7 Reso No. 38. Prior to issuance of a fire service detector check, the required water supplies for hydrants and fire sprinkler systems shall be determined and the water supplies shall be approved by the Fire Department. The following conditions shall be complied with to the satisfaction of the City of Orange's Community Services Department: 39. The proposed homeowners association shall be responsible for maintaining the perimeter landscaping around the development, including landscaping within the public right- of-way parkway. The City shall be responsible for maintaining public street trees.40. The developer shall be responsible for repairing any damage done to landscaping and irrigation lines in the median island in Prospect Street (between Walnut Avenue and Spring Street). The developer shall also be responsible for any damage previously done to the median islands.41. Remove existing oleanders planted as street trees along Virage Drive, and replace with the designated street trees, Lagestrum Indica "Red Fern" Crape Myrle. Also, provide the following street trees: Prospect Street Pyrus Grandiflora, "Samuel Sommer"Magnolia, and on Spring Street - Lagestrum Indica "Red Fern" Crape Myrtle. 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 proje'~t. a. Prior to issuance of building permits, the applicant shall pay all applicable 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. b. When buildings exceed 5,000 square feet an approved fire sprinkle system must be installed throughout the building per OMC 15.32.070 Section 1001.10. The system shall be designed per N.F.P.A. 13R, N.F.P.A., U.B.C. Chapter 9, U.B.C. Standards 9-1 and 9-2. The sprinkle system requires 24-hour supervision when 100 or more fire sprinklers are installed per building. Plans shall be submitted prior to building permit issuance.c. The Fire Department connection shall not be affixed to the building. The Fire Department connection must be located at least 40 feet away from the building, within 40 feet of a fire hydrant and on the address side of the building, unless otherwise determined by the Fire Department. The hydrant shall be located on the same side of the street as the Fire Department connection.d. Provide on-site fire hydrant(s) and mains capable of supplying the required fire flow. The hydrant model and on-site location shall be approved by the Fire Department and have a three (3) foot minimum clearance around the circumference of the fire hydrant. The hydrants shall not be controlled by the control valve (P.LV.) for the sprinkler system so that water flow to the hydrants is not impaired, should the sprinkler system be shut down for any reason. (V.F.C. 10.206 and 10.301) The Fire Department connection shall not pressurize a hydrant. Plans must be submitted to the Building Department. e. Every building shall be accessible to Fire Department apparatus by an access roadway of not less than 20 feet of unobstructed width having a minimum of 13 feet 6 inches of vertical 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. (V.F.C. Section 10.207) f. All streets less than 36 feet wide shall be marked and signed as a fire lane. The marking and signage shall be provided and installed per the City of Orange Fire Departments Fire Lane Standards. g. Dead-end Fire Department access roads shall not exceed 600 feet.h. On-site Fire Department access roadways shall be an all weather driving surface capable of supporting the imposed loads of fire apparatus, 40,000 pounds and shall not exceed the angle of departure for fire apparatus on any slope. V.F.C. 10. 201 14 1. On-site Fire Department access roadways shall be provided with adequate turning radius for Fire Department apparatus. (A 40 foot outside and 20 foot inside radius.) (V.F. C. 10.207)J. All mechanical gates shall be provided with a key-operated override per City of Orange Ordinance 9-84, and a manual release in case of electrical failure.k. A Fire Department approved key box for Fire Department access shall be installed on the address side of the building near the main entrance or fire control room at a height of 7 feet above finished grade. The Knox box shall contain keys to gain access to each building.OMC 15.32.100 and V.F.C. 10.209)1. City of Orange Ordinance 3-94 requires all roof coverings to be fire retardant UL listed or ICBO "Class A," indicating the approved number on the plan.m. All structures shall comply with the requirements of Municipal Code - Chapter 15.52 Building Security Standards), which relates to hardware, doors, windows, lighting, etc....Ord. 7-79). Approved structural drawings shall include sections of the security code that apply. Specifications, details, or security notes may be used to convey the compliance.n. Submit a fencing plan to be approved by the Crime Prevention bureau prior to issuance of building permits. Fencing shall be a minimum height of 6 feet above finished grade and shall be of a non-climbable design. Fencing around the internal common recreation areas shall be o. Garage doors equipped with automatic garage door operators shall be equipped with a secondary latching device to secure the door against forced entry. The secondary latching device shall be designed to work in conjunction with the door operator and be approved by the Crime Prevention Bureau. p. An illuminated address of 4 inches in height is required upon each structure (Ord. 7-79). A second address number will be required for lots that do not permit visibility of the primary number. Secondary numbers shall meet the requirements of primary residential address numbers per Ordinance (7-79). Address location t be approved by Crime Prevention Bureau.q. All landscaping shall be maintained so that it does not interfere with the required addressing or areas that are required to be illuminated.r. Comply with the requirements for rural and private street lighting.s. Comply with the requirements for mechanical parking gates relating to KNOX override emergency key.1. Police and Fire Departments shall approve gate and driveway design for emergency access ways prior to plan approval and construction.u. Project approval expires automatically ifit is abandoned or inactive for a period of24 months from the date of approval. An extension of time may be permitted upon a written request, if re:ceived before the expiration deadline.Adopted the 14th day of April, 1998. ATTEST:lerkoft 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 14th day of April, 1998, by the following vote: AYES: NOES: ABSENT:ABSTAIN: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: MURPHY, NONE NONE SLATER, COONTZ, SPURGEON, ALVAREZ NONE f2uAM~~~ ~AYd-City Clerk of the Ity of Orange Reso No.