RES-8429 Approving Tentative Tract No. 14985RESOLUTION NO. 8429
A RESOLUTION OF THB CITY COUNCIL OF
THB CITY OF ORANGB UPHOLDING THB
RECOMMENDATION OF THB PLANNING
COMMISSION OF THB CITY OF ORANGB AND
APPROVING THB SUBDIVISION OF PROPBRTY
SITUATBD AT THB NORTHBAST CORNER OF
CHAPMAN AVENUB AND CLIFPWAY DRIVE.
Tentative Traot 14985
Applioant: B.A. properties
RBCITALS:
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 51-94 that the subdivision of property
situated at the northeast corner of Chapman Avenue and Cliffway Drive
be approved, the City Council considered Tentative Tract 14985
and determined that the recommendation of the Planning
commission should be upheld and Tentative Tract 14985 be approved.
Subject property is more particularly described as
follows:Being all of Lot "c" as shown on Tract
No.13913 in the city of Orange, County of
Orange,state of California as per map recorded
in Book 664, Pages 37 through 45 inclusive
of miscellaneous maps, in the office of
the County Recorder of said county, together
with those portions of Cliffway Drive,
Carlisle Place, Claridge Drive and Inverness
Place,adjacent to said lots that would travel
with said lots by and operation of
law.During the public hearing, the city Council found the
facts as
follows:1. This project revises a previously approved
development plan for a 182 acre site which includes the extension of
Crawford Canyon Road to Cannon street, and the adjoining area to the
east.The previous plan was originally approved in 1980, and
was modified in 1983, 1986 and 1988. The 1988 approval
allowed development of 400 residential units, including a mixture
of single family and multiple family housing
types.2. The current application revises portions of the
plan,and retains other portions as previously approved. It contains
a total of 298 units, 102 units fewer than the approved plan.
In the proposed project, all units would be detached. 95 units
would be single family detached condominiums. 100 would be
detached single family dwellings on small lots (average 3877 square
feet),and the remaining 103 units would be detached single
family dwellings on lots approximately 7,000 square feet or greater.
with the previous approval, the project is considered a planned
unit development, where development is clustered and open space
areas are consolidated.
3. In general, the project compares favorably to that
approved in 1988. It retains the open space features, and reduces
density by more than 25%. All infrastructure improvements shall
be provided as previously required, including the construction of
Crawford Canyon Road. The previously approved multiple family
components of the project, the attached townhomes and stacked
condominiums are being replaced by detached dwelling units. This
reduction in density, and the fact that the entire project will
have the appearance of a single family development, is likely to
have a lesser impact upon, and be more acceptable to the
surrounding area.
4. The construction of Crawford Canyon Road is an integral
part of the overall development. Crawford Canyon Road appears on
both the City and County Master Plans of Arterial Highways as a
secondary arterial roadway. Many of the existing homes in the
area were originally approved for development based on the
understanding that Crawford Canyon Road would ultimately be
constructed as an additional north/south link in the city's
circulation system. with approval of the previously approved
final maps for this site, improvement bonds were posted to assure
the construction of Crawford Canyon Road. When development
ceased, the City called upon the bond company to perform. The
issue is now under litigation. A condition has been proposed to
require completion of the road in a timely manner.
5. The construction of Crawford Canyon Road was discussed
at length at the Planning commission hearing. Many area residents
expressed concern with the completion of the road with regard to
traffic safety issues. Residents' concerns were with future
traffic volumes and speed, and they sought assurances that
adequate provisions would be made for speed limits, stop signs,
signals, crosswalks, and the like. Particular concerns were
raised with respect to pedestrian safety at Linda vista School.
NOW, THEREFORE, BE IT RESOLVED by the city Council of the
city of Orange that Tentative Tract 14984 be approved for the
following reasons:
1. The proposed subdivision of land is compatible with the
objectives, policies, land uses and programs specified in the
city's General Plan.
2. The site is physically suitable for the type and density
of development proposed.
BE IT FURTHER RESOLVED that the following conditions are
imposed with approval:
1. The approval of this tentative tract map (in the form of
adoption of a resolution by the city Council shall not be
effective and no permits shall be issued until the applicant
deposits an amount adequate to cause construction of Crawford
Reso No. 8429 2
Canyon Road, up to $2.4 million, into a city controlled
interest-bearing escrow account, the terms of which
are defined below. If such deposit is not made within ten (
10)business days following said approval, this entire tract
map approval is null and
void.A. Applicant shall commence substantive construction
of the Crawford Canyon Road within six months after the
approval of the final map, provided further Applicant is not
otherwise prevented from commencing said construction by any
forces beyond its control, including but not limited to, events
such as flood, fire, earthquake, war, injunction, or
labor dispute. Applicant will complete Crawford Canyon Road
within 18 months of commencement of construction, provided it is
not otherwise prevented from completing said construction by
any forces beyond its control, including but not limited
to events such as flood, fire, earthquake, war, injunction
or labor
dispute.B. If Applicant does not commence construction of
the Crawford Canyon Road by the time set forth in Paragraph
A above, said monies in the escrow account, plus all
earned interest, shall become available to the city to utilize
for the sole purpose of the construction of Crawford Canyon
Road.C. If Applicant does commence construction of
the Crawford Canyon Road, the monies in the escrow
account,including the earned interest, shall be released to
Applicant from the escrow account, on a monthly basis, in an
amount equal to the amount the Applicant has expended during
that prior month for actual out-of-pocket
construction and design costs. Applicant shall present to the escrow
holder and to the City a statement accompanied by
receipts evidencing the actual out-of-
pocket construction costs incurred in constructing Crawford
Canyon Road. Upon completion of Crawford Canyon Road, any
monies remaining in the escrow account, less any administrative
costs incurred by the city,shall
be returned to the Applicant.2. Prior to the issuance of
any building permits, the applicant shall demonstrate compliance with
the City's Noise Ordinance for the residential lots per the
review and approval of
the city's Planning Director.3. Prior to the issuance of any
permit or approval of any activity which would permit the
removal of any Coastal Sage Scrub (CSS) vegetative
resource form the project site,including
clearing, grubbing, mowing, discing, trenching,grading,
fuel modification, or other construction-related activities, the applicant
shall obtain written proof from the U.S. Fish &
wildlife Service, or their authorized designee,that said
activity complies with the Federal Endangered Species Act. This
evidence shall be submitted to the Community
Development Director for review and approval.4. Approval of this development, by
the city of orange, does not authorize the applicant,
successor, or heirs, to
federal, state, county or city laws, ordinances, regulations
or policies, including but not limited to the Federal
Endangered Species Act of 1973, nor any amendments thereto
16 U.S.C. Section 1531, et seq.).
Upon the city's authorization of a grading or building
permit, the U.S. Fish and Wildlife Service (U.S.F.W.S.) has
30 days to review the city's decision, and may disagree with
its final determination. If the U.S.F.W.S. disagrees with
that decision, the service may stop the project pursuant to
authority of the Federal Endangered Species Act.
Should any work commence prior to the end of the U.S.F.W.S.
30-day period of review, the applicant, developer,
property owner, or successors and heirs, may be subject to civil
and criminal prosecution by the federal
government.5. In accordance with government Code section 66474.
9,subdivider shall defend, indemnify, and hold harmless
the City of Orange, its agents, officers, and employees from
any claim, action, or proceeding against the city, it
agents,officers or employees to attack, set aside, void, or
annul,an approval of this map by the city, its City council,
its Planning commission or any of its advisory
agencies.DEPARTMENT OF PUBLIC
WORKS 6. Subject to conditions of addendum sheet #
1.7. A final map shall be recorded within 24 months
after tentative approval and prior to the sale or lease of
any lot(
s).8. Monuments shall be based on a field
survey.9. Construct streets to private hillside street standards
as shown on tentative
map.10. Cliffway Drive to be constructed to previously
approved design
plans.11. Developer shall submit for review and approval CC&R's
that are integrated with all other tracts within the area
bounded by original Tentative Tract No. 13529. CC&R's
shall specifically detail a) responsibilities of homeowner'
s association within tract, such as maintenance of all
streets and slopes within Tract 14985 boundary and b)
responsibility of homeowner's association outside tract limits, such
as maintenance of slope area along "West" side of
Crawford canyon Road, Cliffway Drive, gated entries, common
slope areas that transcend from tract to tract,
etc.12. Construct on-site storm drain as required by
the Department of
Public Works.13. All cut and fill slopes shall be landscaped
and sprinklered as soon as water is available, unless otherwise
approved by Reso No.
the Departments of Public Works and Community Services.
14. Contour grading concepts shall be utilized as established in
the City's "Guidelines for Landform Grading and Planting."
15. A soils and geology report shall be reviewed and approved
prior to grading plan approval and issuance of grading
permit.
16. Adequate vehicular sight distances shall be provided at all
street intersections.
17. Cable television facilities shall be provided for as required
by city's franchise cable t.v. company.
18. The tract must be annexed into orange County Sanitation
District No. 7 prior to the issuance of any sewer connection
permits.
19. Design of access to slopes shall include "non depressed curb"
and other general public access restriction as required by
the Police Department.
20. Developer shall dedicate ingress/egress access rights over
all private streets to the city for public related functions.
21. Street light locations and system on private streets shall be
reviewed and approved by the traffic engineer. All
maintenance and energy costs to be paid by the homeowner's
association. All lighting utilized shall be low scale
lighting, and illumination shall be shielded from tract
boundaries.
22. All street plantings to include the installation of root
barriers on the sidewalk side of the tree, or where
conditions warrant, the installation of a deep root box as
directed by the Director of Community Services.
23. All public and private streets shall be treated with
landscaping and other barriers which will restrict vehicles
entering the open space areas adjacent to streets. Design
and locations of barriers are to be approved by Police and
Fire Departments and the Design Review Board.
24. All development fees shall be paid at rate in effect at time
of building permit issuance including: TSIP, major
thoroughfare and bridge, police facilities, fire facilities,
park acquisition and school development fees.
25. Developer shall dedicate easements for safety sight distance
purposes at all tract intersections on chapman Avenue.
Easement areas shall be determined using 550 feet corner
sight distance per the Caltrans Highway Design Manual, and be
in substantial conformance with the City of orange Standard
Plan No. 126. These easement lines shall be shown on all
tract maps, grading plans and landscaping plans.
5 Reso No. 8429
26. Traffic signs, fire lanes, and open space access control
barriers shall be placed in a manner as recommended, and
approved by the City Traffic Engineer, Fire and Police
Departments.
27. Hauling operations shall be permitted only on Mondays through
Fridays, between the hours of 9:00 A.M. and 3:00 P. M., for a
maximum duration of five years from date on which hauling
operations commence. Trucks carrying fill to the site which
are traveling eastbound on Chapman Avenue, shall enter the
project area utilizing the traffic signal at the Chapman
Avenue/Crawford Canyon Road intersection. Trucks carrying
fill to the site which are traveling westbound on Chapman
Avenue, shall enter the project area via "A" street/ Cliffway
Drive. All haul trucks leaving the site shall exit via
Crawford Canyon Road, utilizing the signalized intersection
at chapman Avenue. A maximum of 603,000 cubic yards of earth
materials may be imported to the site. A public hearing
shall occur prior to the start of hauling operations. Notice
of hearing shall include newspaper display advertisements in
adjacent areas.
28. Vehicular access to Tentative Tract No. 14985 shall be
restricted to Cliffway Drive.
29. Reciprocal easements for access and circulation on Cliffway
Drive between Chapman Avenue and Crawford Canyon Road be
granted.
30. The City shall maintain the equestrian traffic signal on
Crawford canyon Road and the homeowner's association shall
bear the costs of the energy and maintenance.
31. Developer shall design and construct a traffic signal for the
tract entrance at Chapman Avenue and Cliffway Drive to the
satisfaction of the City Traffic Engineer. This signal shall
be maintained by the City with costs of energy and
maintenance borne by the homeowner's association.
WATER
32. An on-site dedicated water system shall be installed
as designed by the Water
Department.33. A 15' easement shall be dedicated to include the water
main,meters, detector checks, and fire
hydrants.34. Each building be metered separately unless otherwise
approved by the Water
Superintendent.35. The Developer shall pay all water main connection charges
as determined by the Water
Department.36. The Developer shall pay all East Orange County Water
District
fees.37. A 3/4" dry conduit shall be installed with the lead-
in from Reso No.
the meter to the shut off valve as per Water Department
Standard 211.
38. The Developer shall install pressure regulators on all lots.
FIRE
39. All dead end streets 600 feet or longer shall be provided
with a secondary access or requirements otherwise approved by
the Fire Chief.
40. This project shall comply with the City of Orange's Fuel
Modification program to the satisfaction of the Fire Chief.
The access areas are to be designated as a letter lot on the
approved tract map and a condition of construction shall be
that the Homeowners Association is responsible for the
maintenance of the access. A statement shall be included in
the Homeowners Associations CC&R's indicating the Homeowners
Association responsibility for maintenance of all fuel
modification areas.
41. 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. sec. 10.207
42. 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.C.
10.201.14.
43. The Fire Department access roadway shall be provided with
adequate turning radius for Fire Department apparatus. If
the street is a city street the city of orange Standards for
streets shall be complied with. If Fire Department access is
from a private street, a 40 foot outside and 20 foot inside
radius shall be provided. U.F.C. 10.207
44. Fire Department emergency access must not exceed 12 percent
grade.
45. 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.
46. 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.47. All roof coverings shall comply with city of
Orange Ordinance 3-94 which requires all roof coverings to
be fire retardant U.L.
listed Class A.48. Fire Facility Fees will be required. Fire
Facility Fees willReaa
be charged as adopted by city of Orange Ordinance #47-88
for areas D and
o.
POLICE 49. 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.
50. Provide lighting photometrics for required parking/access
areas. This shows compliance with the minimum maintained (1)
footcandle. Point to point, or contour analysis is accepted
along with the data sheets, showing the luminaire,
model/wattage/height.
51. Provide lighting photometrics for required walkway area.
This shows compliance with the minimum maintained .25
footcandle. Point to point, contour analysis is accepted
along with the data sheets, showing the luminaire,
model/wattage/height.
52. An illuminated address of 4" in height is required. It shall
be contrasting in color to the background and visible to
approaching vehicles (location to be determined during the
plan check process).
53. All lots that do not allow visibility of the structure's
address number shall display a second address number at the
street entrance to the lot. This number shall comply with
the required type of address for that type of structure.
54. All landscape shall be maintained not to interfere with
required illumination or addressing.
55. Access to, and design of all emergency access drives, shall
include "non depressed curb," landscaping and other barriers
restricting vehicles entering the open space areas adjacent
to streets, and shall be reviewed and approved by the Fire,
Police and Public Works Departments prior to approval of the
final map.
56. Fencing, where used as a security device, shall be minimum of
6' in height, and of a non-climbable
design.57. Equestrian trail entrances shall employ devices to
prevent easy trespass of ATC and motorcycle type vehicles, yet
still allow access by
horses.58. Open spaces created by the landscape areas between
houses along Cliffway Drive and Chapman Avenue shall be designed
to discourage casual trespassing and easy access to rear
door
areas.Reao No.
8429
59. Construction of this tract shall employ the "Concepts of
crime prevention through environmental design". Such
concepts shall include the design, placement, construction,
and access to structures, public areas, recreation areas,
equestrian trails, open spaces, and parking areas. These
concepts should be employed with the intent to reduce the
likelihood of crimes directed at persons and property.
60. Reciprocal easements for access and circulation on "A" Drive
shall be granted on the tract map, for Lots 1, 2, and 3.
ADOPTED this 10 th day of January 1995.
ATTEST:
C~tf:~f ~ ~~~ge
I hereby certify that the foregoing
regularly adopted by the city Council of
regular meeting thereof held on the 10
by the following vote:
Resolution was duly and
the city of Orange at a
th of January , 1995,
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS: MURPHY, BARRERA,MAYOR COONTZ,SPURGEON,SLATER
COUNCIL MEMBERS: NONE
COUNCIL MEMBERS: NONE
2 Qp~
ci ty Clerk of t~ ci~ of Orange
SSH:dg
Reso No. 8429
9