RES-8750 Granting Variance No. 2026-96RESOLUTION NO. 8750
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ORANGE UPHOLDING THE
RECOMMENDATION OF THE PLANNING
COMMISSION OF THE CITY OF ORANGE AND
GRANTING A VARIANCE TO ALLOW SETBACK
MODIFICATION ON RESIDENTIAL LOTS
LOCATED SOUTH OF THE INTERSECTION OF
HEWES STREET AND RANCHO SANTIAGO
BOULEVARD.
VARIANCE 2026-
96 ADMINISTRATIVE ADJUSTMENT
96-9 POLYGON
COMMUNITIES,
INC.RECITALS:After report thereon by the Planning Commission and after due public
hearings as required by law, and after receiving a recommendation from the
Planning Commission,recommending, by Resolution No. PC 68-96, that Variance
2026-96 and Administrative Adjustment 96-9, be approved to waive the required 20'
front yard setback for residential structures on five residential lots and an administrative adjustment to
allow up to a 20%reduction in the required front yard setback on up to 30% of
the residential lots the City Council considered the Planning
Commission recommendation and granted Variance 2026-96 and Administrative Adjustment 96-
9. Said real
property is more particularly described as follows:A portion of Lots 13
and 14 of Lotspeich and Company's Tract as per Map recorded
June 12, 1876, as No. 186-R in the Office
of the County Recorder of Los Angeles County,State of California, and a
portion of Lots 15 and 16 in Block B" of the land of
Oge and Bond, in the County of Orange,State of California, as
per Map recorded in Book 3 Pages 430 and 431
of miscellaneous records, in the Office of
the County Recorder of Los Angeles County, California.Upon the public hearing
before
the City Council, the following facts were established:1. The applicant, Polygon, Inc.,
is proposing to develop a vacant parcel with 100 detached, single family residences.
The site is approximately 28.5 acres in size and is located south of
Boulevard. The site is owned by the County and was formerly used for growing
strawberries.
2. The proposed development will have public streets and will have an
entrance off both Hewes Street and Rancho Santiago Boulevard. The applicant is
not proposing gated entries. The lot sizes will range from 8,000 sq. ft. to 16,000
sq. ft., with most lots being either 8,000 sq. ft. or 10,000 sq. ft. The proposed
single family residences will range in size from approximately 3,100 to 3,500 sq.
ft. The project does not include a communal recreational facility or open space.
3. In summary, the applicant's requests are as follows:
General Plan Amendment 3-96 - to change the site's land use designation
from OS-P (Open Space - Park) to Low Density Residential; 2 to 6 dwelling units
per acre.
Zone Change 1184-96 - to change the site's zoning classification from R-
O Recreational _ Open Space) to RI-8 (Residential, single family, minimum
lot size 8,000 sq. ft.) and RI-IO (Residential, single family, minimum lot size
10,000 sq.ft.). The lots proposed to be zoned R 1-10 are located on the
south and east portions of the site while the lots proposed to be zoned RI-8 are
located on the west and north portions of the site. Approximately 60% of the site
is proposed to be zoned RI-8
and 40% to be zoned RI-I0.Tentative Tract Map 15371 -
to subdivide the property
into approximately 100 single family lots.Minor Site Plan Review 23-96 - to create
lots without
direct access to a public street.Variance 2026-96 - to waive the
required 20' front setback
for residential structures on five lots.Administrative Adjustment 96-9 - to allow up
to a 20% reduction in the required front yard setback on
up to 30% of the lots.4. 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 residential uses, and the development of the site would include
improvements to the alignments of Hewes Street and Rancho
Santiago Boulevard. The Planning
recommended approval of Variance 2026-96 and Administrative Adjustment
96-9 due to the site's irregular shape and the adverse impact to the site caused
by the realignment of
Hewes Street.5. On December 17, 1996, the County Board of Supervisors approved
a plan that allocated proceeds from the sale of the subject site to fund
park improvements within the City of Orange and to fund the acquisition of additional
regional open space in the vicinity
of Orange.NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Orange that Variance 2026-96 and Administrative Adjustment 96-9
be granted
for the following reasons:I. The proposed residential land use is
compatible with existing residential uses
surrounding the subject site.2. The reduction in recreational uses is mitigated by
the dedication by the County of Orange of funds from the proceeds from the sale of the subject
site to be spent on additional park land and recreational facilities in
the City of Orange.BE IT FURTHER RESOLVED that the following
conditions
are imposed with approval:I. The final tract map and development plans shall be in
substantial compliance with the plans approved by the City Council and Planning Commission, and
that 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 preliminary and final building, wall and landscaping plans
for their review and approval. The DRB shall include in their review the
reduced setback and placement oflot locations as allowed
under Administrative Adjustment 96-9.3. The applicant shall construct a perimeter wall
along Hewes Street and Rancho Santiago Boulevard per the findings of the final Noise Study.
The wall shall have a minimum height of 6 feet as measured on the
Hewes and Rancho Santiago
Boulevard sides of the wall.4. The applicant shall provide structural improvements to conform
with the City's noise standards and Uniform Building Code. The final noise
study shall be submitted prior
to issuance of building permits.5. The County of Orange and the City of Orange shall enter
into a Park Mitigation Plan prior to January 15, 1997 in order to address the
open space and park
diminishment issues associated with the conversion of the subject site to a residential
use.
Conditions 6-43 shall be implemented to the satisfaction of the Department of
Public
Works:6. A final tract map shall be recorded within 24 months after tentative approval and
prior to the sale or lease of any
lot.7. Monuments shall be set based on a field
survey.8. Subject to conditions of Addendum Sheet
1.9. Dedicate and construct all interior streets to City
standards.10. Dedicate and construct Rancho Santiago Boulevard to Master Plan
requirements.Rancho Santiago Boulevard's west side parkway and recreation trail shall
be constructed to contain a continuation of the existing parkway trail right-of-way
as it is built south of the subject site and allow development of a meandering
trail within the
landscaped trail area.11. Developers shall prepare striping and signing plans for Hewes
Street and Rancho Santiago Boulevard in proximity to the tract to the satisfaction of
the City Traffic Engineer. Plans shall show both interim and ultimate layouts.
Plans shall
include bicycle facilities.12. Dedicate and construct Hewes Street to Master Plan
requirements. Alignment shall be that of the Hewes Street precise alignment established by the
City of Orange.13. The improvement of Hewes Street will be built in two phases as required
by the City engineering staff. (phasing exhibit on file with City Engineer.) This is
being done in order to allow a portion of the improvements along the frontage
of the Tentative Tract 15371, (Phase 1), to be installed concurrently with the development
of the tract.The remaining improvements, (phase 2) will be constructed by and at a
time to be determined by the City, allowing for the resolution of certain issues
such as right-of-way realigmnent, impact on adjacent homeowners,
utility relocations, etc. The portion of the Phase 2 improvements south of and
including the intersection of Rancho Santiago Boulevard will be
bonded by the developer.14. Provide 64 feet of paving on Hewes Street between the beginning
curb radius at the southeast corner of Blue Bird Avenue and 250' north of the end of
the curb radius at the northeast corner of street "F". Provide a minimum of
250' of pavement widening transition at each end of the 64 foot wide section. The
above improvements shall be done to the satisfaction of the
Director of Public Works.
15. All striping, pavement markings and signing on the interim plans for Hewes Street
shall be installed by the developer to the satisfaction ofthe City Traffic Engineer.
16. Phase 1 of Hewes Street construction will include the following:
Widening pavement to ultimate widtlJ and construction of curb, gutter, and
sidewalk on easterly side from station 43+ 1 0 (soutlJerly boundary of proposed
development) to station 52+46 (beginning of the super elevation transition).
Pavement removal from station 52+46, through the curve to station 66+22
end of super elevation transition).
Full pavement width and construction of curb, gutter and sidewalk on easterly
side and approximately 25' of pavement width on westerly side (to match
existing) from station 52+46 through the curve to station 64+72 (end of
curve).
Temporary curb on easterly side and approximately 25' of pavement width on
the westerly side, from station 64+72 to station 66+22.
Install temporary curb on easterly side from station 66+22 to station 74+50.
17. Phase 2 will include the following:
Removal of pavement and temporary curb and construction of full pavement
width and curb and gutter on easterly side and approximately 25' of pavement
width on westerly side along ultimate alignment from station 64+72 to end of
improvements (at the intersection of Hewes Street and Rancho Santiago
Boulevard).
Developer's responsibility for improvement costs on Phase Two, including
removal of temporary improvements, shall be bonded at 125% of estimated
construction costs (including contingencies).
18. Construction of Hewes Street Phase I shall be done prior to the issuance of 51"'
Building Permit.
19. Dedicate vehicular access rights along Hewes Street and Rancho Santiago Blvd. to
the City of Orange
20. Provide vehicular sight distance at "F" & Hewes and "c" & Rancho Santiago as
approved by City's Traffic Engineer.
21. The 5 foot wide landscape strip adjacent to Hewes Street shall be designated as
lettered lots. Maintenance of these lots and lot "A" shall be the responsibility of the
Homeowners Association. Maintenance responsibilities shall be noted in C.C. & R's.
22. C.C. & R's shall be reviewed and approved by the Community Development
Department and City Attorney prior to final tract map approval.
5 Reso No. 8750
23. C.C.& R.'s shall include access, usage and maintenance rights and responsibilities
over the drive access easements lots 47 & 48,50 & 51, lots 81-82, and lots
96-98.24. Street lights shall be installed by developer, as approved by the Department
of Public Works, and system dedicated to the City of Orange. Street lights shall be
located and shielded so as to prevent light intrusion onto adjacent residential
properties that border Rancho Santiago, Hewes, Bluebird and
Snow Goose.25. Cable television facilities shall be installed as required by City's
franchise cable television companies. This shall include easement rights to building
being served.26. All street tree plantings shall include the installation of root barriers on
the sidewalk side of
the tree.27. A National Pollution Discharge Elimination System (NPDES) permit
shall be obtained from the California Regional Water Quality Control Board prior
to the issuance of grading permit. Copy of permit and associated storm
water pollution prevention plan shall be submitted to the City Public
Works Department.28. Erosion control facilities shall be installed after rough grading per
approved erosion
control plan.29. Construct "F" Street south of "A" Street to Hewes Street with 40' pavement in
60'
of right-of-way.30. Install "NO STOPPING ANYTIME - TOW AWAY" restrictions
on Hewes Street and on Rancho Santo Boulevard to the satisfaction ofthe Director
of Public Works.31. Install "NO STOPPING ANYTIME - TOW AWAY" restrictions on
both entrance streets to the tract per Exhibits 1 and 2. Install red curb on Bluebird
Avenue per
Exhibit 3.32. Install stop signs and pavement markings on both tract exits onto Hewes
Street and onto Rancho
Santiago Boulevard.33. Install all way stops, pavement markings and red curb markings at the
intersection of Street "A" and Street "F" per Exhibit 1, to the satisfaction of the
City
Traffic Engineer.34. Developer shall advise all prospective buyers of parking
restrictions, striping pavement markings, stop signs, etc. to be installed per Exhibits 1, 2
and 3.35. Install double yellow centerline and raised pavement markings on the
knuckles at Street "F," and at Street "A" and Street "B" per Exhibits 1 and 2, to the
satisfaction of the City
Traffic Engineer.Reso No.
36. Sight distance for corner lots at local street intersections shall be provided using the
comer cut-offs described in Orange Municipal Code Section17.36.050(E) and
a maximum height of 36 inches from top of curb, and shall be shown on the tract
map.Potential buyers of these lots shall be advised offuese restrictions by the
developer.37. Dedicate easements for sight distance purposes at the intersections of
Hewes StreetlStreet "F" and at Rancho Santiago Boulevard/Street "C". Easements shall
be shown on the tract map, grading plans and landscaping
plans.38. An on-site dedicated water line shall be installed as designed by
the
Water Department.39. Each lot shall be metered separately unless otherwise approved by
the
Water Manager.40. Properties requiring fire sprinklers shall be provided with a minimum 1"
water service connection unless otherwise required by the Water Manager and
Fire Marshall.41. The developer shall satisfY all water main connection charges as determined
by the City's
Water Department.42. That the developer shall submit a cost of construction statement for
City dedicated water facilities to the
Water Department.43. The developer shall satisfy all connection, plan check, and inspection
charges as determined by the
Water Department.Conditions 44-55 shall be implemented to the satisfaction of
the Fire Department:44. When buildings exceed 5,000 square feet, an approved fire sprinkler
system must be installed throughout the buildingper. OMC 15.32.070 Section 1001.
10. The system shall be designed per N.F.P.A. 13D, N.F.P.A., U.B.C. Chapter 9, U.B.
C. Standards 9-
I and 9-2.45. A minimum of a one inch (1") water meter is required for
all
buildings with fire sprinklers.46. The number and location of hydrants shall be determined
by
Fire and Water Departments.47. 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.
48. 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.
49. Dead-end Fire Department access roads shall not exceed 600 feet. Fire
sprinklers shall be installed on lot numbers 46 to 51. The fire sprinkler system shall be
designed to NFPA 13
D.50. The cul-de-sac radius shall be
a minimum of38'.51. The Fire Department access roadway shall be provided with
adequate turning radius for Fire Department apparatus. (A 38 foot outside and 20 foot inside radius.)
U.F.C.Section 902.
2.2.3.52. City of Orange Ordinance 3-94 requires all roof coverings to be
fire retardant U.L.listed Class A. The eaves shall be fire stopped and
enclosed with approved material at the eve 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 not 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 additions,a spark arrestor is required on chimneys, maximum one
half inch screen required.53. All access drives less than 36' 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.54. Access drives over Lots 82, 96 and 97 shall be marked and
signs posted "fire lane."The markings and signs shall meet the City of Orange
Fire
Department Fire Lane Standards.55. Lots 81 and 98 shall be provided with an approved Fire
Department turn around or
provided with fire sprinklers.Conditions 56-58 shall be implemented to the
satisfaction of the Police Department:56. All structures shall comply with the
requirements of the Municipal Code-Chapter 15.52 (Building Security Standards), which relate
to the use of specific hardware,doors, windows, lighting, etc. (Ord.
7-79). Architect drawings shall include sections of the Ordinance that apply
under "Security Notes". An "Approved Products List 8/96" of
hardware, windows, etc. is available upon request.57. Front lots with easements (flag lots)
shall provide illuminated addresses for all rear lots along the easement. The front residence
shall indicate by arrows
that other structures are to the rear of the front structure. The addresses shall be
placed on the easement side and be visible from the street. In addition, the rear lots
shall have their own illuminated addressing on the structures.
58. All landscape shall be maintained not to interfere with required illumination/address.
59. The resolution for this project will not be effective unless it is signed by the applicant
indicating and acknowledging his/her understanding of the conditions imposed
herein. The failure of the applicant to sign this permit in no way shall be deemed to
confer any greater rights than are contained in this permit.
60. By signing and accepting the resolution, the applicant accepts the benefits conferred
by the permit subject to the conditions imposed herein.
61. 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.
62. 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.
63. The five lots allowed to have a minimum 10' front building setback shall be included
with the thirty percent of the lots allowed to have less than the minimum required
front building setback.
64. For those lots permitted a 20% maximum reduction in required front yard setback, no
more than 50% of the lot width shall have the maximum 20% building setback
reduction.
The following code provlSlons are applicable to this project and are included for
information only. This is not a complete list ofrequirements, and other Code provisions
may also apply.
Prior to issuance of building permits, applicant shall pay all applicable development fees,
including but not limited to: Transportation System Improvement Program, Eastern
Transportation Corridor, Fire Facility, Police Facility, Park and School District fees,
Major Thoroughfare and Bridge, and Park Acquisition fees.
ADOPTED ~ th day of Mi'lrr.h 1997.
9 Reso No. 8750
ATTEST:
C1J~~~4b~ ~.('~;C
City Clerk of the 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 E- th
of March, 1997, by the following vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS: MURPHY, SLATER, COONTZ, SPURGEON, SLATER
COUNCIL MEMBERS: NONE
COUNCIL MEMBERS: NONE
ABSTAIN:COUNCILME~rnERS: NONE
10 Reso No. 8750
By signing Resolution No. 8750, the Permittee acknowledges all of the conditions imposed and
accepts this Resolution subject to those conditions and with the full awareness of the provisions
of Chapter 17.12 of the Orange Municipal Code.
1)I
Applican -
R. awrence Olin President - Polygon
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