RES-9025 Approving Tentative Tract Map No. 15548RESOLUTION NO. 9025
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 A TENTATIVE TRACT
MAP AND MINOR SITE PLAN TO DEVELOP 5.6 ACRES
WITH 66 TOWNHOUSES AND TO CREATE LOTS
WITHOUT DIRECT ACCESS TO PUBLIC STREETS
UPON PROPERTY LOCATED ON THE SOUTHWEST
CORNER OF WALNUT AVENUE AND PROSPECT
STREET.
Tentative Tract Map No. 15548
Minor Site Plan No. 55-
98 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 Resolution No. PC 58-98, that a tentative tract map and minor site plan to develop 5.
6 acres with 66 townhouses, and to create lots without direct access to public streets
upon property located on the southwest corner of Walnut Avenue and Prospect 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 No. 15548 and Minor Site Plan Review No. 55-98
be granted. Subject property is more particularly
described as follows:SUBDIVISION OF LOT 18 OF G. HOWARD THOMPSON
TRACT AS PER MAP RECORDED IN BOOK 1, PAGE 22, OF RECORD
SURVEYS, CITY OF ORANGE,
COUNTY OF ORANGE.Upon the public hearing before the City Council, the following
facts were established:1. The applicant, Beazer Homes California, Inc., is proposing
to develop the property, zoned R-3, with multi-family housing. Said property consists of
5.6 acres and is proposed to be subdivided into 23 parcels, on which 66
dwelling units would be constructed.2. The proposed development would have gated and
emergency access drives off of Prospect Street. The project would also have a total of 152
on-site parking spaces, including a two car garage for each unit
3. The proposed development would have a homeowners association responsible for
the maintenance of the private streets, the recreational facilities, perimeter walls and perimeter
landscaping.
4. The proposal includes dedicating additional street right-of-way for
both Walnut Avenue and
Prospect Street.5. The potential environmental impacts of the proposal have
been previously addressed by approved Mitigated Negative
Declaration 1531-97.NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Orange that Tentative Tract Map No. 15548 be granted for
the following reasons:I. The foregoing recitals are
true and correct.2. This project is categorically exempt from the provisions of
the California Environmental Quality Act per State CEQA
Guidelines Section 15303.3. The proposed subdivision, including its provisions for design
and improvement, IS consistent with the City'
s General Plan.4. The site is physically suitable for the proposed type and
density of development.5. The design of the subdivision and proposed improvements will
not cause substantial environmental damage or substantially and avoidably injure fish or
wildlife or their habitat, cause serious public health problems, nor conflict with any
easements for public access through or use of property within
the proposed subdivision.BE IT FURTHER RESOLVED by the City Council of the City of
Orange that Minor Site Plan No. 55-98 be granted
for the following reasons:I. The City Council finds and determines that the foregoing recitals
are true and correct.2. The project will not cause a deterioration
of neighboring land uses.3. The project conforms to the City of Orange development
standards and applicable special design guidelines
and specific plan requirements.4. The project is
categorically exempt from CEQA.5. On and off-site circulation is
adequate to support the project.6. City and other public services are available and
adequate to serve the project 7. The project
is compatible with community
BE IT FURTHER RESOLVED that Tentative Tract Map No. 15548 and Minor Site
Plan No. 55-98 be approved subject to the following conditions (mitigation measures
from Mitigated Negative Declaration 1531-97 dare denoted with
an asterisk*):I. Development shall be in substantial compliance with plans approved by
the Planning Commission and City Council, and on file with the Department
of
Community Development.2. Add landscaping (trees and shrubs) to common area at the triangular
space behind
Building #1.3. Provide two pedestrian crossings at common recreation pool area. This
may be accomplished with painted speed bumps or
enhanced pavement.4. Add pedestrian walkway in front of building #4 to provide access to children
play area.5. Provide turf at the northeast comer of
the site.6. Upgrade size of Queen Palms from 36 inch box to minimum 12' brown
trunk height.7. Add a variety of vines for usage on walls and
trellis structures.8. Provide City-required inspection notes on landscape
and irrigation plans.9. Spacing of street trees within public right-of-way
shall be 45' on center.10. Staff shall review and approve final plans
for landscaping, building elevations, signing,and perimeter walls prior
to issuance of building permits.II. 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 homebuyers.12. 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.13. 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.14. 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
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:
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 features to achieve interior noise standards may be included in the
report in which case it may also satisfy the following paragraph.
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.
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.
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 lIC design standards.
15. 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.
16. 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.
17. Monuments shall be set based on a field survey.
18. Private streets shall be constructed to City Standards
19. Dedicate and construct Prospect Street to City Standards. This includes modifying and
re-Iandscaping the existing median. Dedicate and pay for in-lieu of
constructing frontage Reso No.
improvements on Walnut Avenue to City Standards. This includes modifications to the
traffic signal.
20. Vehicular access rights to Prospect Street and Walnut Avenue shall be dedicated to the
City of Orange.
21. Install street lighting to City requirements per layout approved by the City Traffic
Engineer.
22. Dedicate to the City the right to enter the private streets and driveways for maintenance
of public utilities, emergency access, trash collection, etc.
23. 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.
24. 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.
25. Subject to dedicating an ingress/egress easement over the private streets and alleys to the
City of Orange for public related functions.
26. CC&R's to be reviewed and approved by the City Attorney's office and Community
Development Department prior to approval of the Final Map.
27. Cable television facilities shall be installed as required by City's Franchise Cable TV
Company. This shall include easement rights to buildings be served.
28. Final design of gated entrance shall be reviewed and approved by the City Traffic
Engineer prior to approval of Final Map.
29. Developer to construct and dedicate to the City an off-site storm drains 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.30. Prior to issuance of grading permits, developer to make a cash contribution in the
amount of $15,600 to the city in lieu of construction of the Walnut Avenue connection
across Santiago Creek based upon the traffic impacts form this
tract.31. That an on-site dedicated waterline be installed as designed by the
Water Department.32. That a 15' easement be dedicated to include the water main, meters, detector
checks, and
fire hydrants.5 Reso
33. That a domestic water system be designed to City standards and dedicated after
construction. Each unit to be metered separately.
34. That each building be protected with separate fire services (detector check) unless
otherwise approved by the Water Manager.
35. That the developer shall satisfy all water main connection, plan check, and inspection
charges as determined by the Water Department. All charges shall be paid prior to the
approval of the Final Map.
36. That the developer shall submit a cost of construction statement for City dedicated water
facilities to the Water Department.
37. A Final Map shall be recorded within 24 months after tentative approval and prior to the
sale or lease of any lot.
38. 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:
During clearing, grading, earth moving, or excavation, maintain equipment engines in
proper tune.
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.
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.
Phase and schedule construction activities to avoid high ozone days. Suspend grading
operations during first and second stage smog alerts.
Suspend all grading operations when wind speeds (as instantaneous gusts) exceed 25
miles per hour.
Reduce traffic speeds on all unpaved surfaces to 15 miles an hour or less.
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.
Require enclosures or chemical stabilization of open storage piles of sand, dirt, or
other aggregate materials.
Reso No. 9025 6
Use vegetative stabilization, whenever possible, to control soils erosion from storm
water. Reestablish ground cover on construction site through seeding and watering
on portions of the site that will not be disturbed for lengthy periods (two or more
months).
Spread soil binders on the site, unpaved roadways, and parking areas.
Utilize existing power sources (e.g., power poles) or clean fuel generators rather than
temporary power generators.
Minimize obstruction of through-traffic
lanes.Schedule operations affecting traffic for off peak hours, where
feasible.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.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.39. 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.40. 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:41. Fire and Water Departments shall determine the number and location of
hydrants.42. 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.7 Reso No.
The following conditions shall be complied with to the satisfaction of the City of
Orange's Community Services Department:
43. 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.44. 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.The following Code proVISIOns are applicable to this project and are included
for infonnation 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, statutory School
District,and Eastern Foothill Transportation Corridor, as
required.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.When buildings exceed 5,000 square feet an approved fire sprinkle system must
be installed throughout the building per OMC 15.32.070 Section1001.10. The system
shall be designed per N.F.P.A. 13R, N.F.P.A., V.B.C. Chapter 9, and 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.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 on-site 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.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
vertical clearance. The access roadway shall be extended to within 150 feet of all
portions of the exterior walls ofthe first story of any building. (V.F.C. Section 10.207)
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.
Dead-end Fire Department access roads shall not exceed 600
feet.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 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)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.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 accessto each building. (OMC 15.32.100 and
V.F.C. 10.209)City of Orange Ordinance 3-94 requires all roof coverings to
be fire retardant VL listed or ICBO "Class A," indicating
the approved number on the plan.All structures shall comply withthe 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.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 intemal common
recreation areas shall be a see-through design.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.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
primary number. Secondary numbers shall meet the requirements of primary residential
address numbers per Ordinance (7-79). Address location to be approved by
Crime Prevention
Bureau.All landscaping shall be maintained so that it does not interfere with the
required addressing or areas that are required to be
illuminated.Comply with the requirements for rural and private street
lighting.Comply with the requirements for mechanical parking gates relating to KNOX
override emergency
key.Police and Fire Departments shall approve gate and driveway design for
emergency access ways prior to plan approval and
construction.Project approval expires automatically if it is abandoned or inactive for a period of
24 months from the date of approval. An extension of time may be permitted upon a
written request, ifreceived before the expiration
deadline.Adopted the 13th day of October,
1998.
ATTEST:
lerkofth I hereby certify that the foregoing Resolution was duly and regularly adopted by the
City Council ofthe City of Orange at a regular meeting thereof held on the 13th day of October,
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
MEB Reso No. 9025