RES-8939 Approving Tentative Tract Map No. 15519RESOLUTION NO. 8939
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 ESPLANADE STREET
AND NORTH OF LA VETA AVENUE.
Tentative Tract 15519
Minor Site Plan Review 39-
97 Applicant: TNR Development
Corporation
RECITALS:After report thereon by the Planning Commission, and after public hearing before
the Planning Commission on March 16, 1998, as required by law, and after receiving
a reeommendation from the Planning Commission recommending, by Resolution No. PC
11-98 that the subdivision of property situated west of Esplanade Street and north of La
Veta Avenue addressed as 394 and 416 South Esplanade,) including Minor Site Plan Review 39-
97 to allow the creation oflots within that subdivision without direct access to a public
street, be approved,the City Council considered said recommendation and the testimony received
at a public hearing held on April 28, 1998, and determined that the recommendation
of the Planning Commission should be upheld and that Tentative Tract 15519 and Minor Site
Plan Review 39-97 be approved. Subject property is more particularly
described as follows:Being a subdivision of a portion of lots 1 and 2 of Tract No. 1112 as shown
on a map filed in Book 36, page 1 of Miscellaneous Maps and a portion of Lot 8 of
the Tract No.440 as shown on a map filed in Book 16, Page 21 of Miscellaneous
Maps, both records of
Orange County, California.Upon the public hearing before the City Council, the following
facts were established:1. The applicant, TNR Development Corporation, is proposing
to develop two parcels into 13 parcels for 13 single family residences. The siteis approximately 9.
4 acres in size. The site is currently occupied by two residential structures, which
will be retained.2. The proposed development will have private streets, a gated
entry, and open wrought iron fencing to the south and west. A homeowner's association will
be responsible for the maintenance of the private street system and the perimeter fencing and
landscaping of the development. The project will have a gated entry off Esplanade Street and an exit
only gate off La Veta Avenue. The lot sizes will range from 1/2 acre to over 1 acre in
size. The proposed single family residences will be two stories. The project does not
include a communal recreational facility or
3. The Planning Commission recommended approval of the applicant's requests
because the proposal would allow the orderly development of the subject site in a manner
compatible with surrounding development; the proposed tentative tract map is designed and is
subject to conditions to allow development of the site in a manner that would preserve existing
tre:es that are of substantial size; and the tentative tract map and minor site plan review are
subject to conditions that will assure permanent access to public streets for all lots created.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orange
that Tentative Tract 15519 and Minor Site Plan Review 39-97 be approved for the
following
reasons:I. The project will not cause a deterioration of neighboring land uses and
IS compatible with existing residential uses surrounding the subject
site.2. The project conforms to the City of Orange development
standards.3. The project will not cause a significant negative environmental
impact.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 Tentative Tract 15519 and Minor
Site Plan Review 39-97 be approved subject to
the following conditions:I. Development shall be in substantial compliance with the tentative
tract map and landscaping plans and with the preliminary Tree Preservation Study dated
February 24, 1997,prepared by Greg Applegate) as approved by the Planning Commission and
City Council, and which are on file with the Department
of Community Development.2. Prior to issuance of building permits, the applicant shall submit
to the Design Review Board final landscaping plans, signing, perimeter fencing plans,
and planting criteria.The DRB review shall specifically address the landscaping and fencing plans
for the southerly and westerly property lines so as to reduce the perimeter fencing impact
on the surrounding residents and so that sufficient vegetation shall be added on the westerly property
line to protect the privacy of adjacent residents. The Design Review Board shall
also specifically address necessary construction details, plant maintenance and plant relocation plans
and procedures to assure full compliance with the preliminary landscape plan and the findings
of the Preliminary
Tree Preservation Study.3. Within two (2) days of final approval of this project, the
applicant shall deliver to the Planning Division a cashiers check payable to the County Clerk, in an
amount required to fulfill the fee requirements ofFish and Game Code Section 711.4(d)(2)
and the County administrative fee, to enable the City to file the Notice of Determination
required under Public Resources Code21152 14 Ca!. Code Regulations 15075. Ifit is determined that
there will be Reso
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.4. 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.5. 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.6. During the grading process, the soil level within the drip line of the
trees indicated to be saved should not be changed. Ifnecessary, some accommodations can be
made if approached on a tree by tree basis. Generally, the trunk diameter in inches can be
converted to feet for the distance to keep back from the tree trunk. Ficus and several other species
can receive half that
distance.7. Utilities placed within the drip line oftrees to be saved are to be tunneled
under the roots. Otherwise, when trenches are cut for pipe or curbs, use a trencher and re-cut
the roots over one-inch with a lopper or a fine bladed saw. Equipment such as backhoes will
not be used since it will
tear roots excessively.8. During site grading and installation of utilities ifroots are
exposed in trenches,cover the ends with clear plastic
and keep moist.9. Install secure fencing around trees to be preserved with
the inspection and approval of fencing by the City's Department of Public Works and
Community Services, and City tree specialist prior to the issuance of the grading permit. Equipment and
foot traffic must be kept out from under all trees to be preserved. All trees indicated to be
relocated per the approved plans and Tree Preservation Study shall be maintained and
protected in accordance with sound professional arborist practices and re-established in
accordance with the approved plans, as reviewed by the Design Review Board. Any trees lost
or excessively damaged shall be replaced by the developer with the same species and mature forms with
necessary sizes to be approved by the Design Review Board. A stop work notice shall extend until
such time as a mitigation plan for re-establishment of the lost or
excessively damaged specimens be reviewed and approved by the Design Review Board, excepting the tree at the
comer of La Veta Avenue and
James Street (see Condition 22).10. Strong dust control measures should be observed and the tree'
s foliage is to
be rinsed once a week.11. No vehicles, equipment, building materials, fuels,
soil, excess concrete or other debris, liquid or solid, shall be dumped or stored under or near
the trees to be saved.The following conditions shall be complied with to the
satisfaction of the City of Orange'
s Department of Public
12. Subject to conditions of addendum sheet #1.
13. A final tract map shall be recorded within 24 months after tentative approval and
prior to the sale or lease of any parcel.
14. Monuments shall be set based on a field survey.
15. Private streets shall be constructed to City standards.
16. Ingress/egress easements over lettered lot "J" and private driveways shall be
dedicated for use by future residents of the subdivision.
17. Dedicate, prior to issuance of building permits, and construct La Veta Avenue,
Esplanade Street, and James Street to City Standards subject to additional right-
of-way improvements review relative to the preservation of the tree at the corner of La
Veta Avenue and James Street, as further defined in
Condition 22.18. Install street lighting to City requirements per layout approved by
the City
Traffic Engineer.19. Subject to installing cable television facilities as required by City'
s Franchised Cable TV companies. This shall include easement rights to buildings
being served.20. CC&R's shall be reviewed and approved by the City Attorney's
office. They should include a provision for maintenance and repair of the private street, sanitary
sewers, and
storm drains.21. Dedicate to the City the right to enter the private streets and
driveways for maintenance of public utilities, emergency access, trash
collection, etc.22. Dedicate a sight distance easement as required per City Standard 126
on the north side of La Veta Avenue east of James Street. Applicant to consult with
City Public Works staff and to modifY sidewalk and parkway improvements outside of the
curve line necessary through approved right-of-way development standards, subject to
the approval of the City Engineer, to eliminate any damage to the tree at the northeast corner
of La Veta Avenue and James Street. Applicant shall work diligently with Public Works
staffto preserve this tree.If, after all good efforts have been made to preserve this tree
through design and preservation efforts and fail, the tree shall be replaced with a similar species, but of a size
agreed to with
the Design Review Board.23. Design of the private street gated entry shall be to the satisfaction
of the City's Traffic Division, Fire
Department, and Police Department.24. That an on-site dedicated water line be installed
as
designed by the Water
25. That a 15' easement be dedicated to include the water main, meters, detector
checks, and fire hydrants.
26. That each building be metered separately unless otherwise approved by the
Water Manager.
27. That each building be protected with a separate fire service (detector check)
unless otherwise approved by the Water Manager.
28. That the developer shall satisfY all water main connection, plan check, and
inspection charges as determined by the Water Department.
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 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, City sewer connection fees, Orange County Sanitation District
connection fee.
Prior to City approval of Final Tract Map, the applicant shall pay the water charges and
sewer frontage fees.
An approved fire sprinkler system must be installed throughout the building per O.M.C.
15.32.070 Section 1001.10. The system shall be designed per N.F.P.A. 13, N.F.P.A., U.B.C.
Chapter 9, and U.B.C. Standards 9-1 and 9-2. The sprinkler system
requires
24-hour superviSIOn.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.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. U.F.C. Sections
901 and 902.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 Department'
s
Fire Lane Standards.Provide a secondary emergency access that is built and maintained
in accordance with UF.C Sections 901 and 902. IdentifY on the plan the
emergency access entry.5
The Fire Department access roadway 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. U.F.e. Section 902.2.2.2.
The Fire Department access roadway shall be provided with adequate turning radius for Fire
Department apparatus. (A 40' outside and 20' inside radius.) UF.C Section 902.2.2.3.
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. Contact Fire
Prevention at 714/288-2541 for
a Knox application.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. UF.C.Section 902.4. Contact Fire Prevention
at 714/288-2541.City of Orange Ordinance 3-94 requires all roof coverings to
be fire retardant UL listed Class A. The eaves shall be fire stopped and enclosed with approved
material at the eave ends to preclude entry of flame or embers under the roofing material.
Openings into attics, floors or other enclosed areas shall be covered with corrosion resistant wire
mesh less than one fourth inch, no more than one half inch in any dimension except
where such openings are equipped with sash or doors. In addition, a spark arrestor is required
on chimneys, maximum
one half-inch screen required.ADOPTED the
26th
day
of
May, 1998.
ATTEST:7 ~.vC_~~;d;,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
26th of May, 1998,
by
the
following
vote:
AYES:NOES:ABSENT:ABSTAIN:COUNCIL MEMBERS: MURPHY,
SLATER, COONTZ, SPURGEON,
ALVAREZ COUNCIL MEMBERS:
NONE COUNCIL MEMBERS:
NONE COUNCIL MEMBERS: NONE 6A4 4,-(.,( .LJAtf:(!
4hltc <(.1,;;f-City Clerk ofthe
y of
Orange MB:dg Reso