RES-8663 Granting Conditional Use Permit No. 2130-95RESOLUTION NO. 8663
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE OVERRULING THE
RECOMMENDATION OF THE PLANNING
COMMISSION OF THE CITY OF ORANGE AND
GRANTING A CONDITIONAL USE PERMIT TO
ALLOW A RESIDENTIAL CARE FACILITY UPON
PROPERTY SITUATED ON THE NORTH SIDE OF
TAFT AVENUE, 400 FEET WEST OF TUSTIN
STREET.
CONDITIONAL USE PERMIT 2130-
95 SOUTHERN CALIFORNIA
PRESBYTERIAN
HOMES
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 3-96, that Conditional Use Permit
2130-95 be denied to allow a residential care facility upon property situated on the north
side of Taft Avenue, 400 feet west of Tustin Street, the City Council
considered Conditional Use Permit 2130-95 and determined that the recommendation
of the Planning Commission should be overruled and Conditional Use Permit 2130-95
be granted. Subject property is
more particularly described as follows:Being a subdivision of portion of Lot I of the Fletcher
Tract, as per Map recorded in Book 3, Page 320, of miscellaneous records, in
the office of the County Recorder of Los Angeles County, in the City of
Orange, County
of Orange, State of California.During the public hearing, the City Council
found the facts as follows:1. The applicant, Southern Califomia
Presbyterian Homes, is proposing to construct a 48 unit residential care facility for the
elderly. The proposed facility is being designed for the elderly (defined by state law as anyone
over 62 years of age)who are healthy, but need assistance in handling
the basic living needs. The applicant will be providing
transportation, laundry, health oversight, food preparation services, etc. The facility will not
include medical care or diagnostic services. The proposed facility would be designed and
elderly. The proposal does not include provisions for subsidies to low income
households. The project will have one bedroom and
studio apartment units.
2. The subject site is approximately 1 acre in size and is located on the north
side of Taft Avenue 400 feet west of Tustin Street.
3. To implement the project described above, the following applications would
have to be approved:
General Plan Amendment 4-95 requests a change to the site's land use
designation from Low Density Residential, 2 to 6 dwelling units per acre, to Low/
Medium Density Residential, 6 to 15 dwelling units per
acre.Zone Change 1178-95 requests a change to the site's zoning classification
from R-1-8 (Residential, single family, minimum lot size 8,000 sq. ft.)
to
R-3 (Residential,Multi-family):Conditional Use Permit 2130-95 requests
approval of the residential care facility use on
property (proposed to be) zoned R-3.4. The Planning Commission held
two public hearings on the proposal. The applicant, in response to concerns
raised by the Planning Commissioners and the public during the first public hearing,
revised the original proposal to reduce the number of units from 60 to 48, reduced the height
of the building, from 3 to 2 stories and increased the number of parking
spaces from 20 to 21. The Planning Commission recommended denial of
the revised project due to the following:1. The proposed residential
density could
have an adverse impact on surrounding residents.2. The proposed use is not
appropriate on Taft Avenue because of high speed and volume of
traffic which will adversely
affect potential future residents of the site.3. The integrity of
the surrounding land uses could be adversely impacted by the higher density uses
allowed by
the change to Low/Medium density residential.NOW, THEREFORE, BE IT
RESOLVED by the City Council of the City of Orange that Modification to
Conditional Use Permit
2130-
95 be granted
1. The proposed use is compatible with surrounding land use and zoning.
2. The proposed is consistent with the City's General Plan.
3. The applicant has stipulated to recording a restriction against title to the real
property which restricts use of said real property to a residential care facility for the
elderly.
BE IT FURTHER RESOLVED that Conditional Use Permit 2130-95
be granted subject to the following
conditions:1. The site development shall be in substantial compliance to the plans
approved by the Planning Commission and City
Council.2. The operation of the facility shall be restricted to residents 62 years or
older,or to persons who have similar physical infIrmities, and who need assistance
in handling of basic living
needs..3. The facility staff may help residents to monitor existing health conditions
and remind them to take medicine, however, staff will not provide medical care
or diagnostic
services.4. Within 2 days of the fmal approval of this project, the applicant/owner
shall deliver to the Planning Division a $25 cashier's check payable to the County Clerk
to fulfIll the County administrative fee requirement to enable the City to fIle
the,Notice of Determination required under Public Resources Code Section 21152
14 Cal. Code of Regulation
15075.5. Prior to issuance of building permits, the applicant shall submit to the
Design Review Board final building, landscaping and walVfencing plans. The final
site plan and landscaping plans will include a landscape area along the westerly
property line with a minimum width of 4' and a row of trees within the planter.
The applicant's submittal for fmal review will include the project's fInal grading
plans.6. Prior to issuance of building permits, the grading plan shall be reviewed
for changes in soil elevation and to ensure that the project shall have a 6' block
wall measured on the highest grade side) along the easterly (except in the 15'
front setback area) and northerly property
lines.7. Any change in the operation of the facility or to the type of residents
allowed on-site shall require modifIcations to Conditional Use Permit 2130-
95 by
the
Planning Commission.3
The following conditions shall be complied with to the satisfaction of the City of
Orange's Public Works Department and City Engineer.
8. Prior to issuance of building permits, the applicant shall submit a grading
plan to the Department of Public Works for review, and approval.
9. Existing lot lines for lots 2 through 5 of recorded Tract #14510 shall be
removed prior to the issuance of building permits.
10. Existing drive aisle shall be removed and replaced with curb, gutter and
sidewalk per city standards. New drive approach to be constructed as per City
standards.
11. The property owner shall record a restriction against title to the real property
which restricts use of said real property to a residential care facility for the elderly.
12. One year after issuance of building permits for construction of the residential
care facility for the elderly, applicant shall construct a block wall or wrought iron
fence along the westerly property line if such is deemed necessary by the
Community Development Director. The Director shall specify the type of fencing
required at that time. Prior to issuance of such building permits, applicant shall post
a performance bond with the City in an amount and in a form satisfactory to the
Community Development Director to ensure that this condition is satisfied.
13. Applicant shall manage the facility in such a manner as to limit use of
automobiles by residents so as to ensure that adequate off-street parking will
exist.14. Applicant shall provide ready access to the site to emergency vehicles
and trash trucks and provide pass cards or keys to the appropriate entities as
necessary for this
purpose.IS. Applicant shall provide a shuttle bus to facilitate the transportation needs
of
residents.16. Applicant shall develop a tenant selection process which provides priority
to Orange
residents.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.The following requirements shall be complied with to the satisfaction of the City'
s Police Department and other Departments as
noted.
4 Reso No.
All structures shall comply with the requirements of Municipal Code -Chapter
15.52 (Building Security Standards, Ord. 7-79), which relates to
hardware, doors, windows, lighting, etc. Approved structural drawings shall
include sections of the security code that apply. 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
0.25 foot-candles. 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 0.
25 foot-candies. Point to point, or contour analysis is accepted along
with the data sheets, showing the luminaries, model/
wattage/height An illuminated address of 6 inches in height is required. Shall
be contrasting color to the background and visible to approaching vehicles (location
to be determined during the plan
check process).All landscaping shall be maintained so as not to interfere
with required
illumination/addressing.The following requirements shall be complied with to the satisfaction of the
City's
Water Department;That the developer shall satisfy all water main connection charges as
determined by the
Water Department.The following requirements shall be complied with to the satisfaction of the
City's Fire Department and other Departments
as noted.This facility shall comply with the California Building and
Fire Codes requirements for an R 2.
1 occupancy.An approved fIre sprinkler system must be installed throughout
the building per O.M.C. 15.32.080 section 10.306(a). The system shall be
designed per N.F.P.A. 13, N.F.P.A., U.B.C. chapter 38 and U.B.C. standard
38-1. The sprinkler system requires
24 hour supervision.The required fIre flow for the building/site is 3,500 gallons
per minute (gpm)at 20 pounds per square inch (
psi)
residual pressure.5
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, W1less otherwise determined by the fire department. The hydrant
shall be located on the same side of the street as the Fire Department
connection.
Provide three on-site fire 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 three foot minimum clearance
aroWld the circumference of the fire hydrant The on-site hydrants shall
not be controlled by thecontrol valve (p.l.V.) for the sprinkler system so that water
flow to the hydrants is not stopped should the sprinkler system be shut
down for any reason. (V.F.C. 10.206 and 10.301) The fire
department connections shall not pressurize a hydrant. Plans must be submitted
to
the Building Department,The number and location 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 Wlobslructed width having
a minimum of 13' 6" 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 All drive aisles less than 36 feet wide shall be marked and signed
as a fire lane. The marking and signing shall be provided and installed per
the City of Orange's Fire Departments
Fire Lane Standards.The Fire Department access roadway shall be an all
weather driving surface capable of supporting the imposed loads of fire apparatus, 40,
000 pOWlds and shall not exceed the angle of departure for fire apparatus on
any slope. UFC.
10.201 14.The Fire Department access roadway shall be provided
with adequate turning radius for Fire Department apparatus. (A 40' outside and
20' inside radius.)
UFC.
10.207.6
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.. O.M.e. 15.32.100 and V.F.e.
10.209
Provide a fire alann system as required per V.F.C. Article 14.
Provide standpipes as required per V.B.C. Table 38A.
Provide a fire extinguishing system for the kitchen hood and duct
City of Orange Ordinance 3-94 requires all roof coverings to be fire
retardant V.L. listed Class
A.A spark arrestor is required on chimneys, maximum one-half
inch
screen required.Provide a copy of the recorded easement for the required
Fire Department
access road.ADOPTED this 25th day of
June
1996.
T ATTEST:A1~4A'~~J~~City Clerk of the
Ci fOrange 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 25th day
of June 1996, by the
following vote:AYES: COUNCIL MEMBERS: MURPHY, BARRERA, COONTZ,
SPURGEON. SLATER NOES: COUNCIL
MEMBERS: NONE ABSENT: COUNCIL
MEMBERS: NONE SSH:dgIsh/
resol%/
8663cup 7 Reso