RES-8430 Approving Modifications to Vesting Tentative Tract No. 13529RESOLUTION NO. 8430
A RESOLUTION OF THB CITY COUNCIL OF THE
CITY OF ORAlilGB UPHOLDING THB RECOMMEN-
DATION OF THB PLANNING COMMISSION OF THB
CITY OF ORAlilGB AND APPROVING MODIFICA-
TIONS TO A VESTING TBNTATlVE TRACT MAP
TO UPDATB AND REVISB CONDITIONS OF
APPROVAL FOR PROPBRTY LOCATED NORTH OF
CREBXSIDE DRIVE, BAST OF CRAWFORD CANYON
ROAD, WEST OF ORAlilGE PARX ACRES AND
SOUTH OF MUIR DRIVE.
Modirication to vesting Tentative Tract 13529
Applicant: B.A. properties
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 54-94 that the subdivision of property
situated north of Creekside Drive, east of Crawford Canyon Road, west
of Orange Park Acres and South of Muir Drive be approved, the
City Council considered Modifications to Tentative Tract 13529
and determined that the recommendation of the Planning
Commission should be upheld and Modifications to Tentative Tract 13529
be approved. Subject property is more particularly described
in Exhibit "
A".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.
As 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,
reduces density by more than 25%. All infrastructure improve-
ments 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 Modifications to Tentative Tract 13529 be
approved for the following reasons:
1. Due to approved modifications in the overall development
project, via Tentative Tract Maps 14983, 14984 and 14985,
Conditional Use Permit 2076-94 and Zone Change
1170-94,changes to the conditions of approval
are necessitated.2. The changes in conditions will assure that
the overall project is compatible with the objectives,
policies, land uses and programs specified in the City's General
Plan, and that provisions for city services and
infrastructure are provided for in a manner commensurate with
the
previous approval.3. The changes in conditions will m~n~m~ze impact
to the environment and wildlife habitat; by
adding provisions relating to retention of existing coastal sage
scrub habitat in accordance with state and federal
requirements pertaining to the California Natural Communities
Conservation Planning Act
of 1992.BE IT FURTHER RESOLVED that Modifications to
Tentative Tract Resa No.
13529 be approved subject to the following conditions:
1. Subject to conditions of addendum sheet #1.
2. 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 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.3. Construct all streets, except
Crawford Canyon Road and any improvements necessary to
Chapman Avenue, as private streets to city Standards for single
or double loaded hillside local streets with 12% maximum
grades
and standard curb and gutter.4. All streets shall have a
minimum
centerline radius of 200
5. Chapman Avenue including "A" street/Cliffway Drive tract
entrance shall be designed and constructed to ultimate per
City standards and to the satisfaction of the Director of
Public Works. This work shall include, but not be limited
to, the installation of traffic signal standards and related
equipment, signing and striping, sandblasting, guardrail
and/or other traffic safety devices.
6. Dedicate necessary right-of-way on Chapman
Avenue and construct a right turn lane, a bus bay and a
vista
turnout area.7. Construct on-site storm drain as required
by the Department
of Public Works.8. All cut and fill slopes shall be
landscaped and sprinklered including lots "C", "E", and water reservoir site
no. 5) as soon as water is available unless otherwise
approved by the Departments of Public Works
and Community Services.9. A soils and geology report shall be
reviewed and approved prior to the issuance of a grading permit. 1:
1 slopes will be approved only if specifically approved
in the geology report and are located in solid rock
areas. Geologist shall review and make recommendations to
the possibility of reducing 1:1 slope ratios by elimination
of terrace drains.10. Contour grading concepts shall be
established to minimize visible differences between natural
and man-made slopes.11. Developer shall dedicate easements
for safety sight distance purposes at all tract intersections
on Crawford Canyon Road and 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 City of Orange Standard Plan
No. 126. These easement lines shall be shown on all tract
maps, grading
plans and landscaping plans.12. Updated CC&R's for all property
within the boundaries of Vesting Tentative Tract Map
13529 (including Tracts 13529,13913, 14983, 14984 and 14985)
shall include homeowner'
s association responsibilities for:upkeep and maintenance of all
slopes, including Lots A,C, E, and F, with appropriate
reference to Orange County or US Fish and wildlife
Service authority for activities affecting natural coastal
sage scrub habitat areas
water reservoir site #5 the man-made slopes on the
west
side of Crawford Canyon Road all common
drainage facilities, private streets and associated facilities, open
areas, trails and energy and maintenance costs of trail crossing
signal CC&R's
shall also contain provisions for:prohibiting
additional subdivision
of lots for development
homeowner's association enforcement of the updated Design
Vocabulary document dated April 1, 1990, regarding Lots
1-17 of Vesting Tentative Tract Map 13529 (also known
as Lots 1-17 of
Tract 13913)gating prohibitions for Tract 14983 and the
northerly 33 lot development of
Tract 13529.13. Cable television facilities shall be provided
for as required by City's franchise cable T.
V. company.14. Tract must be annexed into Orange County
Sanitation District No.7, prior to the issuance of any
sewer
connection permits.15. Access to, and design of, all emergency access
drives shall be reviewed and approved by the fire, police
and public works departments prior to the approval of the
final map.16. Design of access to debris terrace bench on 1:1
slopes shall include "non depressed curb" and other general
public access restriction as required by the
police department.17. Developer shall demonstrate that he has the
rights to construct associated improvements to Crawford
Canyon Road outside Tentative Tract 13529 boundary; such
as grading,constructed slopes with terrace drains,
and
equestrian crossing.18. Developer shall dedicate ingress/egress access
rights over all private streets to the city for
public
related functions.19. Required street lights on public dedicated street
shall be installed by developer to the satisfaction of
the City Traffic Engineer, and system dedicated to
the City.20. Street light locations and system on private
streets shall be reviewed by the Department of Public
Works. 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.21. 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.22. All public, private, and emergency access roads
and 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.23. Developer to dedicate the required
right-of-way and construct bus bays on Crawford Canyon
Road and on Chapman
Avenue as approved by the Orange County Transit District,
Orange Unified school District and the city of Orange
Traffic Engineer.
24. Gated tract entrances shall be designed so that:
a. A minimum 30 foot turn radius is provided and easily
accessible without necessitating a backing maneuver for
vehicles not gaining tract entry, and
b. A minimum of 100 feet of storage distance is provided
between the property line and the entrance gate, and
c. If external visitor spaces are required, a minimum of 2
parking spaces are provided that do not require a
vehicle to back up into the public right-of-
way before
leaving, and d. The location of any visitor
electronic communication device is a minimum of 75 feet from the
property
line,and e. The gate activation for residents shall be by
a manned guard station and/or by portable
electronic
gate openers 25. The design of all proposed gated entrances within
the tract,including those at Chapman Avenue and at
Crawford Canyon Road, and of all vehicle and pedestrian
gates (including activating devices) shall be subject to the approval
of the Environmental Review Board, prior to final map
approval
or recordation.26. No gated tract entrance shall be permitted for
the northerly 33 lot development on Vesting Tentative Tract
Map 13529.This condition shall be incorporated into the CC&R's
and be placed on the
final map.27. sight distance, at the driveways entering onto "
A" Street that serve lots 18 to 25, shall be provided
according to City of Orange Standard Plan
No. 126.28. Access drives for lots 18 to 25, and any lot
accessing onto a street with a projected ADT of 1200 or higher,
shall be approved by the city
Traffic Engineer.29. Adequate street lighting shall be provided at
the private driveway, serving lots 18 to 21 at its intersection
with "A"Street/
Cliffway Drive.30. The tentative tract map shall be revised to show
that the typical street sections on Crawford Canyon Road
conform to the following requirements. The 64 foot curb
to curb section which begins at the southerly tract
boundary must continue to a minimum of 260 feet north of the
centerline of A" Street. The right-of-way and
street section from this point to at least 250 feet
northerly shall vary to
accommodate a smooth transition to the proposed 56 foot curb
to curb street section. Transition from the 56 foot section
back to the 64 foot section shall begin at least 450 feet
south of the centerline of "E" street and be completed at
least 190 feet south of the centerline of "E" Street. The
64 foot section shall then continue to the northerly tract
boundary.
31. The developer shall provide all required off site
sandblasting, signing and striping to smoothly transition
into the existing street cross sections on Crawford Canyon
Road.
32. Due to sight distance restrictions at Chapman Avenue and
Cliffway Drive, egress onto Chapman Avenue from Tract Nos.
13913 and 14985 shall be restricted to right turn only until
or unless such time that signalized traffic control is
provided. Funding for the construction of a traffic signal
shall be provided by the developer, the Homeowner's
Associations and/or other private parties. If a signal is
installed, it shall be maintained by the City with the costs
of energy and maintenance borne by the Homeowner's
Association and/or other private parties. until or unless
signalization is provided, the intersection shall be
designed and constructed to the satisfaction of the City
Engineer to physically prohibit left turn egress. This
condition shall be placed on the CC&R's and on the Final
Tract Maps.
33. Developer shall grant a traffic control easement to the City
on Cliffway Drive north of Chapman Avenue.
34. The developer shall be required to pay a TSIP fee at the
time of issuance of building permits.
35. On street parking shall be prohibited on at least the south
side of "A" Street in proximity to lots 18 to 25 to improve
traffic safety.
36. New or revised traffic signing and striping plans, and
street lighting plans for this tract shall be prepared by
the developer, and approved by the city Traffic Engineer
prior to final tract map recordation.
37. Easements shall be recorded granting ingress/egress rights
for all lots which do not have frontage onto a public or
private street. This shall include access rights for lots 1
and 18, and also for the common private drive serving lots
18-
21.38. Reciprocal easements for access and circulation on
Cliffway Drive between Chapman Avenue and Crawford Canyon Road
shall be granted. Such easements shall be for the purpose
of assuring access to Tract 13913 (a portion of
Vesting Tentative Tract Map 13529) and Tract 14985 from
Crawford Canyon
Road.7 Reso No.
39. Turn lanes and channelization shall be provided at all
Crawford Canyon Road and Chapman Avenue intersections as
approved by City Traffic Engineer.
40. The developer shall pay all water main connection charges as
determined by the Water Department.
41. The developer shall contact orange Park Acres Mutual Water
Company (OPA) to determine if any portion of this
development is within OPA's service area. The Developer
shall furnish city of Orange Water Department with a copy of
the written response by OPA before water fees are invoiced.
42. The developer shall install pressure regulators on all lots
where static pressure exceeds 80 psi.
43. The geological report for the tract shall address the
suitability of Lot E (also known as Lot D, Tract 13913) for
the future construction of an above ground steel water
storage tank, if not previously certified under the rough
grading approvals of the site. Access to the site shall be
appropriate for its intended use.
44. The driveway to lot E (also known as Lot D Tract 13913)
shall be constructed with a minimum section 4" A.C./8" A.B.
45. The developer shall construct an on site dedicated water
system within the tract, as per water department design.
46. Each dwelling unit shall be served with an individual water
meter unless otherwise approved by the water superintendent.
47. The developer shall satisfy all East Orange County Water
District Fee requirements before water meters can be
installed.
48. A graded site of 28' x 49' minimum dimension, on the
northeast corner of Lot No. 3 of Tract 13913, or as
otherwise approved by the Water Department, shall be
constructed to the Water Department requirements and
dedicated to the city of Orange for the building of a pump
station.
49. A 3/4" dry conduit shall be installed with the lead-in
line from the meter to the shut off valve as per water
department Standard
211.50. The developer shall sign a "Hold Harmless Letter"
executed by the City Attorney for the use of the driveway to Lot "
E"also known as Lot D Tract
13913).51. A 20' emergency access and water easement across lot "
F"from Crawford Canyon Road to "E" Street shall be
dedicated to the city of Orange, to the satisfaction of the Water
and Fire
Departments.52. An easement shall be dedicated to the City of Orange for
the water system as shown on the improvement
plans.ReBD No. 8430
53. Final design of the equestrian crossing is subject to the
rev~ew and approval of the department of community services,
public works and police department in conjunction with the
Orange Park Acres Association.
54. Developer shall construct any trail linkages needed, on both
sides of Crawford Canyon Road, to connect existing trails to
new trail crossing of Crawford Canyon Road. Permission to
grade shall be obtained from land owners prior to
commencement of construction. Areas disturbed in
constructing new trail segments shall be left in a condition
comparable to surrounding area (landscaping, irrigation,
etc. replaced or repaired if damaged during construction).
55. If an equestrian undercrossing is constructed beneath
Crawford Canyon Road, the following shall apply:
It shall be designed to drain in a manner approved by
the City Engineer.
It shall be equipped with vandal resistant lighting
devises approved by the Crime Prevention Bureau.
The lights shall be illuminated during the hours of
darkness.
56. If an at-grade trail crossing is established across
Crawford Canyon Road, the following shall
apply:Developer shall design and construct a fully
activated equestrian traffic signal on Crawford Canyon Road
north of Cliffway Drive. The location and design of
this device shall be subject to the approval of the
city Traffic
Engineer.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.57. Developer shall demonstrate approval by the Orange
Park Acres Mutual Water Company concerning their existing
16"
waterline.58. All equestrian trails shall be designed to grades and
tread width in accordance with the Master Plan of
Recreational Trails, unless otherwise approved by the City's
Landscape Coordinator, and shall be maintained by
homeowners association, including portions crossing public
property.All equestrian trails shall be signed or graded to
clearly define location through tract, and easements recorded
for the purpose of equestrian access across all
impacted parcels. This requirement shall be included in CC&R'
s.59. Developer shall dedicate an easement for trail purposes
by separate instrument over Lot "F" of Vesting Tentative
Tract Map 13529 (Lot "A" of Final Tract
13529).60. West side of Crawford Canyon Road shall be landscaped
with low maintenance native landscape materials requiring
minimal watering once established; said landscaping to be spaced
to deter vehicular access to westerly open space land and
to 9 Resa No.
obscure the cut slopes on the west side of Crawford Canyon
Road.
61. 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.
Conditions 62-68 shall be complied with to the satisfaction
of the city Fire
Department:62. All curbs on drives narrower than 28 feet will be
required to be painted red and signs posted "No Parking - Fire Lane."
63. If secondary emergency access cannot be provided for any
dead-end streets in excess of 150 feet, a turnaround will
be required to be built to Fire Department specifications,
or unless otherwise approved by the Fire
Department.64. All dead end streets 600' or longer shall be provided
with secondary access, unless other measures are approved by
the Fire
Chief.65. Knox Box overrides shall be required on all
mechanical
gates.66. Developer shall pay Fire Facility Fees for Area D and
Area
O.67. This project shall comply with the city of Orange's
fuel modification program, which includes the requirement of
a minimum twelve foot passage way from a street to the
fuel modification zone to provide access for emergency
personnel and maintenance workers. Access ways are to be located
no more than 500 feet apart with locations approved by the
Fire Department. The access areas are to be designated as
a lettered lot on the approved tract map and a condition
of construction shall be that the Homeowner's Association
is responsible for the maintenance of the access. A
statement shall be included in the Homeowner's Associations CC&R'
s indicating the Homeowner's Association responsibility
for maintenance of all fuel modification
areas.68. The project is in the High Hazard Fire Zone and
requires that all structures meet the requirements of the Class "
A"roof
ordinance.Conditions 69-75 shall be complied with to the
satisfaction of the City of Orange's Crime
Prevention Department.69. 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. The Resa
No.
crime Prevention Bureau should be contacted for information
and assistance.
70. Plans submitted to the City utilizing items such as (but not
limited to) lighting, windows, hardware, landscape, and
fencing shall be reviewed and approved by the Crime
Prevention Bureau for compliance with Burglary Security
Standards (Ordinance 7-79) prior to
construction.71. Fencing, where used as a security device, shall be minimum
6 feet in height, and of a non-
climbable design.72. Equestrian trail entrances shall employ devices
to prevent easy trespass of ATC and motorcycle type vehicles,
yet still allow access by horses. This shall not prevent the
use of adjacent gates for emergency vehicles,
where
determined necessary.73. Where equestrian trails provide access across
and through lots, security devices shall be employed along the
trail to minimize the opportunity for trespass and thefts
from these properties. Certain landscape barriers will
be considered as
security devices.74. 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.75. Landscape placement, and design shall not
conflict with,interfere with, or reduce the effectiveness
of required lighting or addressing. This landscape shall
be maintained after installation and approval of the
lighting/
addressing devices.76. Specific grading standards, landscape
criteria and architectural parameters established as a
design vocabulary through the joint effort of the previous
project proponent,the Orange Park Acres Planning Committee, Orange
Park Acres Homeowner's Association, the East
Orange Implementation Committee, and the City, shall be reviewed by
the current subdivider and above listed Committees and
Association and revised as necessary. This development
standard criteria shall be referenced and placed in the CC&R's
prior to recordation of the final
tract map.77. All development plans for custom houses on estate
lots 1-17 shall be submitted to the
Department of Community Development for review for compliance
with the design vocabulary criteria. If Design Review
Board approval is required for grading or building
activity occurring over lots 1-17, a designated representative
of the Orange Park Acres Homeowner's Association shall
be notified prior to Design Review Board consideration.
Provided, the City shall have no obligation to notify, unless
the Orange Park Acres Homeowner's Association annually provides
the name of a person to be notified
and provides self-addressed
with the understanding that persons shall be notified by
certified mail and that this obligation will not extend
beyond 5 years from the date of approval of the final tract
map.
78. Development Standards shall be in accordance with conditions
of Conditional Use Permit and 2076-
94.79. Landscaping utilizing specimen size trees and/or
berming shall be provided as screening along the perimeter of
those portions of the project that might be visible
from properties surrounding the project
area.80. The Design Review Board shall review final building,
site,landscaping and sign plans. Review shall emphasize
the
following:a. Reduction of visual impact of buildings through use
of low profile design, earthtone colors, extensive
wood treatment and compliance with design
vocabulary
criteria.b. Perimeter fencing and wall concept design (
in conjunction with Police
Department).81. All parkways shall be developed with landscaping and
street
trees.82. Landscaping and irrigation plans shall be approved by
the Design Review Board and Department of Community
Services.Concrete curbing or other separation material shall
be provided surrounding landscape
area.83. Any revisions to approved site plans and/or tracts
within the boundaries of Tentative Tract 13529 (13529,
13913,14983, 14984, 14985) shall be submitted to the Department
of Community Development and Department of Public Works
for
review.84. Development shall be in accordance with the site plans
as approved by the Planning commission or as modified
by conditions
herein.85. If approved by City council, the Resolution shall
be recorded in the Office of the county Recorder of
Orange county and, when so recorded, shall inure to the benefit
of,and bind the successors and assigns of subdivider and
the
City.86. 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 Reao No. 8430
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.
87. 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, its 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.
88. Developer shall pay the Department of Community services
park development fees in lieu of dedicated park land to the
city.
89. Prior to the issuance of any building permit, the applicant
shall demonstrate compliance with the City's Noise Ordinance
for the residential lots located adjacent to arterial
streets, per review and approval of the City's Community
Development Director.
90. 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 from 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 Director of Planning for review and
approval.91. Approval of this development, by the City of Orange,
does not authorize the applicant, successor, or heirs, to
violate any 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 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.13 Reso
92. within two (2) days of the final approval of this project,
the applicant shall deliver to the Planning Division a
cashiers check payable to the County Clerk, in an amount
required to fulfill the fee requirements of Fish and Game
Code Section 7l1.4(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 the applicant has not delivered the
required fees within such two day period, the approval for
the project granted herein shall be void.
ADOPTED this 10 th day of 1995.
ATTEST:
o ~
city Cler of 'C(e c~y of Orange
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 Januarv , 1995,
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS: MURPHY, BARRERA, MAYOR COONTZ, SPURGEON, SLATFR
COUNCIL MEMBERS: NONE
COUNCIL MEMBERS: NONE
city Clerk f t C~ of Orange
Reso No. 8430
14
LEGAL DESCRIPTION i~
PARCEL
1:
I 'I
BEING
ALL
OF LOTS IlHROUGH 69 AND LOTS "A", "B", "CO, "D" AND "E",TOGETHER WITH
ALL OF CLIFFWAY DRIVE, CLARIDGE DRIVE, INVERNESS PLACE AND CARLISLE
PLACE ALL AS SHOWN ON TRACT NO. 13913, IN THE Cl1Y OF ORANGE, OF
THE COUNTY OF ORANGE, STATE OF CALIFORNIA AS FILED IN BOOK 664, PAGES
37lHROUGH 45, INCLUSIVE OF MISCELLANEOUS MAP IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY.CONTAINING AN
AREA OF 118.248 ACRES MORE OR LESS.PARCEL 2:
BEING ALL
OF LOTS IlHROUGH 33 AND LOTS "A", "B" AND "C", ALL AS SHOWN ON TRACT
NO. 13529, IN THE Cl1Y OF ORANGE, OF THE COUNTY OF ORANGE,STATE OF
CALIFORNIA AS FILED IN BOOK 670, PAGES 32lHROUGH 36, INCLUSIVE OF MISCELLANEOUS
MAP IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.CONTAINING
AN
AREA OF 55.700 ACRES MORE OR LESS.PARCEL 3:
BEING ALL
OF LOTS IlHROUGH 13 AND LOT "A", TOGETHER WITH ALL OF SHELTER ROCK
DRIVE AND STONE CANYON DRIVE ALL AS SHOWN ON TRACT 14174, IN
THE Cl1Y OF ORANGE, COUNTY OF ORANGE, STATE OF CALIFORNIA AS FILED IN
BOOK 669, PAGES 42lHROUGH 50, INCLUSIVE OF MISCELLANEOUS MAP IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.CONTAINING AN
AREA OF 29.625 ACRES MORE OR LESS.r J
1
L .,,~-\,
EXHIBIT
A