RES-8603 Conditional Use Permit Approval No. 2064-94RESOLUTION NO. 8603
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 CONDITIONAL USE PERMIT TO
ALLOW DEVELOPMENT OF AN 87 UNIT SENIOR
HOUSING PROJECT UPON PROPERTY SITUATED
AT 340 soum NEWPORT BOULEVARD.
CONDITIONAL USE PERMIT 2064-
94 JERRY
GRUEBEL
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 59-95, that Conditional Use Permit
2064-94 be granted to allow development of an 87 unit senior housing project
upon property situated at 340 South Newport Boulevard, the City Council considered
Conditional Use Permit 2064-94 and determined that the recommendation of the
Planning Commission should be upheld and Conditional Use Permit 2064-94 be
granted. Subject property is
more particularly described as follows:That portion of Record of Survey No. 79-1611, as
recorded in Book 101, Page 29 of Record of Surveys, in the Office of the
County Recorder
of Orange County, described as follows:Commencing at the intersection of
the center line tangent projection of Chapman Avenue and the centerline
of Newport Boulevard as shown on said Record of Survey; thence South 350
33' 08" West, along the centerline of Newport Boulevard, a distance of 400.12
feet to the beginning of a tangent curve; thence South 350 33' 08"
West along the tangent of said curve, said tangent is shown as
the Northwesterly line of Irvine Subdivision on Record of surveyNo. 79-1161, a
distance of 276.32 feet; thence North 53009' 00" West a distance of 17.86 feet
to the Southeast corner of Parcel 7 of Parcel Map Number 84.761, recorded
in Book 192, Pages 31 through 33 inclusive of Parcel Maps, in the
Office of the County Recorder of said Orange County; thence North 530 09' 00"
Parcel 7, a distance of 142.00 feet to the True Point of Beginning; thence
North 570 06' 55" West a distance of 249.98 feet; thence North 090 40' 40"
East a distance of 10.88 feet; thence South 570 06' 55" East a distance of
110.00 feet to a point on the South line of said Lot 7; thence South 530 09'
00" East a distance of 144.61 feet to the True Point of Beginning.
During the public hearing, the City Council found the facts as follows:
1. The applicant is proposing the development of a senior citizen housing
project on a 2.77 acre C-l (Limited Business) zoned property. The property has
a relatively steep slope and currently contains a single family residence. A
retail commercial center was previously approved for this site, but was not
constructed.2. The proposed senior housing project was originally proposed with
94 dwellings and initially heard by the Planning Commission on August 1, 1994.
The applicant was asked to modify the project by reducing the number of units,
increasing parking, lowering building height and improving pedestrian
access.3. The project was reduced to 92 dwelling units and was reviewed by
the Planning Commission on September 19, 1994. The Planning Commission found
that although senior housing was a good use for the site, there are constraints in regard to
the site's steeply sloped topography, limited frontage on Newport Boulevard, the
geological fault line that crosses the property, and the marmer in which the project was
being developed, that would cause deterioration of bordering land uses and create
special problems for the surrounding area. The Plarming Commission took action to deny
the
project.4. The project was subsequently appealed to the City Council on January
24,1995. The City Council referred the project back to the Planning Commission,
directing the applicant to modify the project to address the concerns raised by the
Planning Commission and the
community.5. The applicant revised the project and re-submitted revised plans
which were reviewed by the Planning Commission on December 18, 1995. The
Planning Commission found that the revised project, which has now been reduced to 87 dwelling
units, is significantly improved from the previous proposals
as follows:6. Density reduced from 94 to 87 dwelling units. (31%
Density Bonus)On-site parking increased to 87 spaces to comply
with code requirement.
1:1 Ratio)Building height reduced from approximately 52 ft. to 46 ft.
overall. (
2 & 3 story)
Reso
Driveway slope reduced from 11 % to 10%.
Crib wall reduced from 29.5 ft. to 16 ft. at rear of property.
Handicap access improved to comply with Federal and State requirements.
Final building and landscape design to be review and approved by the
Design Review Board.
Recreation trail designed to City standards.
7. The Planning Commission acted to recommend approval of the revised
project for the following reasons:
a. The proposed use of this property for senior housing would fulfill a
sound principle of land use, in that senior housing is a service needed in this area of the
community, and that the manner in which the construction is proposed has been revised
and substantially improved from the previous plans. The impacts have been reduced to a
level of insignificance, and will not cause deterioration of bordering land uses or create
special problems for the area.
b. Although the site represents significant physical constraints in regard
to its shape, topography, and access limitations, the project has been revised to reduce the
density and building height and to improved on site traffic circulation and pedestrian
access. With these changes, it would not have a negative effect on the community and
neighborhood plans adopted for the properties in the area and immediately adjoining the
property.
c. The action to approve the project was made with consideration of a
newly revised plan accompanied by additional information which includes a new
conceptual grading plan, landscaping plan, building elevation plan, building section plan,
and site plan with precise dimensions, and subject to conditions that preserve the general
welfare of the community.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Orange that Conditional Use Permit 2064-94 be granted for the following
reasons:1. The proposed use of this property for senior housing would fulfill a
sound principle of land use, in that senior housing is a service needed in this area of
the community. and that the manner in which the construction is proposed has been
revised and substantially improved from the previous plans. The impacts have been reduced to
a level of insignificance, and will not cause deterioration of bordering land uses or
create special problems for the
area.2. Although the site presents significant physical constraints in regard to
its shape, topography, and access limitations, the project has been revised to reduce
the Reso No.
8603
density and building height and to improve on site traffic circulation and pedestrian
access, and therefore would not have a negative effect on the community and
neighborhood plans adopted for the properties in the area and immediately adjoining the
property.
3. The action to approve the project was made with consideration of a newly
revised plan accompanied with additional information which includes a new conceptual
grading plan, landscaping plan, building elevation plan, building section plan, and site
plan with precise dimensions, and subject to conditions that preserve the general welfare
of the community.
BE IT FURTHER RESOLVED that Conditional Use Permit 2064-94 be
granted subject to the following
conditions:1. The project shall be constructed per plans approved by the
Planning Commission and on file with the Department of Community
Development.2. Within two days of the fmal approval of this project, the applicant
shall deliver to the Planning Division a cashier's check payable to the County Clerk, in
an amount required to fulfill the fee requirements of fish 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 Code 21152 14 Cal. Code
Regulations 15075. If it is determined that there will be no impact upon wildlife resources, the
fee shall be $25.00. If the applicant has not delivered the required fees within such two
day period, the approval for the project granted herein shall be
void.3. The Design Review Board shall review and approve fmal
building elevations, perimeter fencing, and landscaping plans prior to issuance of building
permits.The Design Review Board is to specifically review the landscaping plans for the crib
wall and perimeter planting area to ensure that these areas are property landscaped to
provide for an attractive appearance for both the future residents of the site and
surrounding
residents.
4.
structure.The project shall be restricted to Senior Citizen Housing for the life of
the 5. Prior to issuance of grading and building permits, the City Engineer
will review the project's "fault investigation report", grading plan and soils report to ensure
that the residential structures shall be sited so as not to be built over any fault line or
trace
fractures.6. During the grading of the site for development, the developer shall have
a Reso No.
8603
qualified geologist on-site to precisely locate the fault line and estimate fault zone.
If,after the site is graded to create a developable pad, the geologist finds that the fault
and fault zone are located differently than indicated in the "fault investigation report", then
the Planning Commission shall review a revised site plan to ensure that the
residential structures shall not be built within the fault zone and ensure that the building's
new locations do not adversely affect surrounding residents views. The Planning
Commission review shall be a public
hearing.7. Dedicate and construct Newport Blvd., including recreation trail, to
city standards. Improvements shall be constructed to connect to existing
southerly
improvements.8. Entrance drive shall be designed to provide proper sight
distances.9. The project's landscaping plan shall include 90 new trees to replace the
nine trees that are removed when the site is graded and
developed.10. Prior to issuance of building permits, the responsible parties for the
horse trail maintenance and liability shall be resolved and a Letter of Agreement filed with
the Department of Community Development. Such documents shall be reviewed
and approved by the City
Attorney.II. Prior to issuance of building permits, a new recreation trail easement
shall be provided and recorded with the County Recorder's Office, and that the previous
trail easement be
abandoned.12. All mechanical equipment shall be completely contained within the line
of the building and screened below the roof line, as illustrated on the exterior
elevations presented with the
submittal.13. An earth hauling plan shall be required for this project regardless of
whether or not it meets the established maximum threshold. Such hauling plan shall be
reviewed and approved by the City
Council.14. Prior to issuance of building permits, fencing plans (material and
design)shall be reviewed and approved by the Design Review
Board.15. Traffic controls (e.g., stop signs, sight clearances, warnings, nunble
strips etc.) at the vehicular entrance driveway shall be in accordance with the requirements
of the City Traffic Engineer and Public Works
Department.Reso No.
8603
16. The landscaping pallet for the project, including the rehabilitation of the
public right-of-way impacted by modification to the horse trail and drainage,
shall be based on the adjacent existing landscape of the Cowan Hills
development. Such landscaping plans shall be approved by the Design Review Board
and Community Development Department, prior to issuance of
building permits.17. The developer shall be responsible for proper design and
construction, with approval of the City, of any retaining wall, landscaping and irrigation within
the City right-of-way that may be impacted by the project in the revision to
the connection of the horse trail and drainage. Additionally, the developer shall
be responsible for the restoration and re-connection of the irrigation systems
of the adjacent Cowan Hills Homeowner Association within their area of
responsibility and ownership within the vicinity. Also, the developer shall be required to
maintain in perpetuity the landscaping,irrigation and block wall within the City right-
of-
way that they constructed with this project.18. There shall be no vehicular control
access
gate on the driveway to the project.19. The outdoor recreation area that is
included within the 150 square foot per unit requirement shall be designed for actual
occupancy and use by residents for passive recreation at the southerly portion of the
site. Active recreation, including the pool, shall be limited to the recreation area
at the northern portion of the site.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 also apply.Prior to Issuance of
building permits, 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, Major Thoroughfare and Bridge Program.Ifnot initiated within two
years, Conditional Use Permit 2064-94 shall expire.The following requirements shall be complied
with to the satisfaction of the City'
s Police Department and other Departments as noted:The structure shall comply with
the requirements of Municipal Code Chapter 15.52 Building Security Standards),
which relates to use of specific hardware, doors,windows, lighting, etc. (Ord.
7-79) "Approved Products List 5/93" is available.Approved structural drawings
shall include sections
of
Specifications, details, or security notes may be used to convey the compliance.
This will be reviewed in a plan check by the Crime Prevention Bureau prior to
approval.
Provide Crime Prevention Bureau with lighting photometrics for required
parking/access areas. This shows compliance with the minimum maintained one
foot-candle. Point to point, or contour analysis, is accepted along with the
data sheets, showing the luminaries, model/wattage/
height.Provide Crime Prevention Bureau with lighting photometrics for required
walkway areas. This shows compliance with the minimum maintained (.25)
foot-candle.Point to point, or contour analysis is accepted along with the data
sheets, showing the luminaries, model/
wattage/height.An illuminated address of 10 inches in height is required. The address
shall be contrasting in color to the background and visible to
approaching vehicles.A second unit address of 4 inches in height is required. The 4 inch address
shall be illuminated and contrasting in color to the background displayed by
front entry doors to
each unit.There shall be positioned at the entrance of a multiple dwelling
complex an illuminated diagrammatic representation of the complex which shows
the location of the unit designations within
the complex.All handicapped suites shall be required to have a second 180 degree
door viewer,not to be mounted more than forty-four inches from the bottom
of the door.Laundry facilities shall be constructed so that areas inside are
visible from outside,thus reducing the likelihood of vandalism, thefts from coin
machines, and possible personal assaults. This also applies to the placement
of machines, tables,dividers/
walls, and windows.All landscaping shall be maintained not to interfere with
required
illumination and addressing.Perimeter fencing shall be of see-through design
and a non-climbable design,
minimum six feet in height.Stairwell design shall be of a
see-through construction, eliminating
hiding places for
possible
Public recreation and circulation areas (riding/hiking trails) shall include motor
vehicle barriers at entrances to discourage illegal use. Trails themselves shall be
designed so that trespassing onto neighboring lands is minimized, thus reducing the
opportunities for theft, vandalism, and burglary.
The following requirements shall be complied with to the satisfaction of the City's Fire
Department and other Departments as noted:
An approved fIre sprinkler system must be installed throughout the building per
OMC 15.32.080 section 1O.306(a). The system shall be designed per N.F.P.A. 13
or 13R, N.F.P.A., U.B.C. chapter 38 and U.B.C. standard 38-1. The
sprinkler system requires 24 hour
supervision.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.Provide 3 on-site hydrants 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 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. (U.F.C. 10.206
and 10.301) Plans must be submitted to the Building Department. Locations
of hydrants shall be determined by
Fire and Water Departments.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 Section 10.207)A Fire Department approved key box for the
Fire Department personnel access shall be installed on the address side of the building near the
main entrance at a height of 7 feet above fInished grade. The Knox box shall
contain keys to gain access toeach building. OMC. 15.32.100 and U.
F.C. 10.
209.
The Fire Department access roadway shall be provided with adequate turning
radius or with an approved hammerhead turn around for Fire Department
apparatus. (A 40 foot outside and 20 foot inside radius. D.F.C 10.207).
All mechanical gates shall be provided with a key-operated override and a
manual release in case of electrical failure per City of Orange Ordinance
9-84.Fire Department emergency access must not exceed 12
percent grade.Provide a fire alarm system as required per D.F.C.
Article 14.Provide standpipes as required per D.B.C.
Table 38A.Provide a fire extinguishing system for the kitchen hood
and duct.The proposed development is within a climatic and topographic high
hazard and fIre zone (Ordinance 5-87) which requires all building constructed in
the zone to have class A fIre retardant roof with fIre stopped and enclosed eaves.
In addition, a spark arrestor is required on chimneys, maximum one-
half inch screen required.Fire facility
fees will be required.The following requirements shall be complied with to the satisfaction
of the City's Water Department and
other Departments as noted:That an on-site dedicated water line be installed
as
designed by the Water Department.That a 15 foot easement be dedicated to include
the water main, meters,
detector checks, and fIre hydrants.That each building be metered separately unless
otherwise
approved by the Water Superintendent.That each building be protected with separate
fire services (detector check) unless otherwise
approved by the Water Superintendent.That the developer shall satisfy all water main
connection charges as
determined by the Water Department.That the developer shall satisfy all East
Orange
County Water District
fee
The following requirements shall be complied with to the satisfaction of the City's Public
Works Department and other Departments as noted:
Construct on-site recreation trail to Master Plan
requirements.A grading plan shall be submitted and approved prior to the issuance of
any
permits.Comply with the standards contained ill the "National Pollution
Discharge Elimination System" (
NPDES).Earth hauling plan shall be reviewed and approved by the City
Council.ADOPTED this 9th day of April,
1996.
ATTEST:
1 r of the City
of 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 9th day
of April, 1996, by the following
vote:AYES: COUNCIL MEMBERS: MURPHY, BARRERA, MAYOR COONTZ, SPURGEON,
SLATER NOES: COUNCIL MEMBERS:
NONE ABSENT: COUNCIL MEMBERS:
NONE AdA~rJ6Z/1/'
Ar('City Clerk of City of
Orange Reso No.
8603 sh/resoI9618603SSH/
ls