RES-8462 Granting Conditional Use Permit No. 2088-94RESOLUTION NO. 8462
A RESOLUTION OP THE CITY COUNCIL OP THE
CITY OP ORANGE UPHOLDING THE
RECOMMENDATION OP THE PLANNING
COMMISSION OP THE CITY OP ORANGE
GRANTING A CONDITIONAL USE PERMIT TO
ALLOW PROJECT TO BE DEVELOPED AS A
PLANNED UNIT DEVELOPMENT AND THE
CREATION OP LOTS WITHOUT DIRECT ACCESS
TO PUBLIC STREETS UPON PROPERTY LOCATED
ON THE NORTH SIDE OP SANTIAGO CREEK
BETWEEN TUSTIN STREET AND ROSEWOOD
AVENUE.
CONDITIONAL USE PERMIT 2088-
94 VAN DAELE DEVELOPMENT
COMPANY
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. 8462, that Conditional
Use Permit 2088-94 be granted to allow the project
to be developed as a planned unit development and the
creation of lots without direct access to public streets
upon property located on the north side of Santiago Creek
between Tustin Street and
Rosewood Avenue.Subject property is more particularly
described
as follows:Lots 9 through 30 inclusive and Lot A of
Tract No.9006, and portions of Lot 10 of the A.B.
Chapman Tract,and the north half and the north 6 feet of
the south half of Lot 9 Block D of the A.B.
Chapman Tract.During the public hearing, the City Council
found the facts set forth
as follows:1. The applicant, Van Daele Development
Corporation, is proposing to develop the residential portion of
the Sycamore Crossing Development with 160 detached,
single family residences. The proposed development will
have private streets, a communal recreation area and gated
entrance. The homes will be on pads ranging in size from 3,070 to
7,210 sq. ft., with the average pad's size
being approximately 3,700 sq. ft. The proposed recreational area
will be improved with a swimming pool, cabana, and tot
lot. The subject site is approximately 18 acres in size
and is located on the north side of Santiago Creek
between Tustin Street and Rosewood Avenue, The proposal would
previously approved 240 unit residential project, consisting
of attached, single family homes and condominiums.
2. In summary, the applicant's request is for the
following: ZONE CHANGE 174-94 requests modification to
the development standards contained within the Sycamore
Crossing Planned Community Text to allow for the development
of single family homes on individuals parcels. TENTATIVE
TRACT MAP 15053 has been submitted to subdivide the subject
site into 44 lots for the phased development of the
proposed residential development. CONDITIONAL USE PERMIT
2088-94 would allow (1) the project to be developed as
a planned unit development, and (2) the creation of
lots without direct access to
public streets.3. The Planning commission recommends that
the city Council approve the requested applications as
the proposal conforms to the requirements and policies
within the sycamore Crossing Planned Community Text"
and the Development Agreement by and between the City of
orange and Santiago Creek Associates," and the proposal
creates a unique and livable
living environment.4. The Planning Commission did approve
the proposal subject to revising the entry gate design
and re-configuring the tot lot and swimming pool, both of
which the applicant has completed and which are reflected on
the tentative tract map and site plans included in the
City Council packets.NOW, THEREFORE, BE IT RESOLVED by the
City Council of the city of Orange that Conditional Use
Permit 2088-94 be granted
for the following reasons:1. The proposal conforms to
the requirements and policies contained within the "
Sycamore Crossing Planned Community Text" and the "Development Agreement by
and between the city of Orange
and Santiago Creek Associates."2. The proposal does not have
an adverse impact
on surrounding land uses.BE IT FURTHER RESOLVED
that Conditional Use Permit 2088-94 be granted
subject to the following conditions:1. 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
shall submit to the Design Review Board final landscaping
and walls/fencing plans. The applicant's submittal for
final review will include the project's final grading plans.
The DRB review of the fencing plans shall assure conformance
with the following:
A.
All fences and walls of solid construction shall achieve
a minimum height of 6 feet above finished grade,
and be of a non-climbable design.
B. All fencing around the pool and tot lot, the west
and east ends of the emergency access lane, and the
project's southerly boundary line, shall be of a see
through and non-climbable
design.3. Dedicate to the City of Orange ingress and
egress easements over private streets for trash
collection,emergency services, and other city related
functions.4. Prior to issuance of building permits, the
Fire Department and crime Prevention Bureau shall review
and approve all final plans for public trail
entrances,utility/maintenance road entrances, and emergency
access road entrances which shall be treated with landscaping
and vehicle gates, or approved security devices which
will restrict unauthorized vehicles from entering the
roadway,open space areas or trail systems. Included in that
review is entry design and placement of barriers, fencing,
and landscaping. Approved vehicular gates shall be
equipped with a Knox Box for emergency
access.5. All residences shall have roll-up
garage doors.6. To assure compliance with the City's
requirements on the maximum amount of noise permitted within a
structure, a complete building interior noise mitigation
analysis is required for structures located within 300 feet
of
Tustin street.7. In accordance with Government Code section 66474.
9, the 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, and its Planning Commission or any of its
advisory agencies.8. A homeowner association shall be
established to maintain the communal recreational facilities,
the emergency access area and fencing the entry gate and
adjacent fencing and walls, and the perimeter wall located adjacent
to Tustin street. (The homeowners association is also
responsible for maintaining the bridge per Tentative Tract
Map
9. To the satisfaction of the city of Orange's Public
Works Department and city Engineer, an on-site
dedicated water system is to be installed as designed by the City
of orange's Water
Department.10. To the satisfaction of the City of Orange's
Public Works Department and City Engineer, a 15' wide easement
is to be dedicated to include the water main, meters,
detector checks, and fire hydrants, and that a water line between
the well site and the distribution lien be
constructed.11. To the satisfaction of the City of Orange's
Public Works Department and City Engineer, each building is to
be metered separately unless otherwise approved by the
Water
Superintendent.12. To the satisfaction of the City of Orange's
Public Works Department and city Engineer, the developer
shall satisfy all water main connection charges as determined
by the Water
Department,13. To the satisfaction of the City of Orange's
Public Works Department and city Engineer, construction of a
turn-around curb and gutter at east end of existing
Rosewood Avenue with proposed emergency access. Turn-
around radius is to be within existing curb to
curb dimensions.14. To the satisfaction of the City of Orange'
s Public Works Department and City Engineer, prior to
issuance of grading permits, a sewer study is to be submitted
for review and approval. Off-site sewer improvements
may be required.15. To the satisfaction of the city of
Orange's Public Works Department and City Engineer, all
lettered lots site improvements shall be maintained by
the proposed Homeowners Association. Maintenance requirements shall
be detailed in Tentative Tract Map 15053 C,
C & R's.16. To the satisfaction of the City of
Orange's Public Works Department and City Engineer, stub
outlet to be provided from north, at east end of subject
site, for future storm drain. Culvert will be located in
Tustin Street and drain
to Santiago Creek.17. To the satisfaction of the city of
Orange's Public Works Department and City
Engineer, the homeowners association shall be responsible for
the construction and maintenance of all
on-site storm drains.18. To the satisfaction of the City
of Orange's Public Works Department and City Engineer,
prior to the recordation of Final Tract Map 15053, the City
shall form a landscape maintenance district which shall include
the project for the purpose of levying and collecting
an
the open space dedicated to the city by Tentative Tract Map
14752 and defined in Exhibit E-1 of the
Development Agreement for this project. said assessment shall
not exceed the sum of $28.00 per month per residential unit
in the Project but may be increased annually in accordance
with the applicable increased maintenance cost index as
provided in the Engineering News Record or such other
comparable index as the parties shall agree. The future
homeowners contributions (financial payments) towards the
maintenance of the santiago Creek open space shall be included in
the disclosure requirements to future
buyers.19. To the satisfaction of the City of Orange's
Public Works Department and city Engineer, compliance is
required with relevant conditions from Tentative Tract Map 14752,
EIR 1143, and Addendum to EIR
1143.20. To the satisfaction of the City of Orange's
Public Works Department and City Engineer, project is subject
to conditions on Addendum Sheet No.
1.21. To the satisfaction of the city of orange's
Public Works Department and City Engineer, the final design
of gated vehicular entry shall be reviewed and approved by
the Traffic
Engineer.22. To the satisfaction of the city of Orange's
Public Works Department and City Engineer, encroachment
into required rear and side yard setbacks shall be limited
to open patio structures only and structures for
human habitation shall not be
allowed.23, To the satisfaction of the City of Orange's
Public Works Department and City Engineer, applicant shall
revise the landscaping plan by adding landscaping to screen
the proposed residences from the existing residences to
the north and west of the subject site. The revision shall
be approved prior to issuance of building permits and
final determination shall be by the Director of the Department
of Community Development or his
designee.24. To the satisfaction of the city of Orange's
Public Works Department and City Engineer, the recreational
area shall be designed with the tot lot located on the
westerly side of the parcel, and the swimming pool and cabana on
its easterly side. There shall be open fencing between the
two areas and clear visual sight
lines.25. To the satisfaction of the City of Orange's
Public Works Department and City Engineer, the tract map and
site plan shall be designed to provide pedestrian access
between the SUbject site and Rosewood
Avenue.
ADOPTED this 28 March 1995.th day
ATTEST:
MARILYN J. JENSEN By:
city Clerk of the City 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 28 th of
March , 1995, by the fOllowing vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
MURPHY, BARRERA, MAYOR COONTZ, SPURGEON,
NONE SLATER
NONE
NOOE
MARILYN J. JENSEN
City Clerk of the City of Orange
By:CtlA-
r SSH:dh Reso. No.
8462