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RES-8463 Approving Tentative Tract Map No. 15053RESOLUTION NO. 8463 A RESOLUTION OP THE CITY COUNCIL OP THE CITY OP ORANGE UPHOLDING THE RECOMMENDATION OP THE PLANNING COMMISSION OP THE CITY OP ORANGE AND APPROVING A TENTATIVE TRACT HAP TO SUBDIVIDE THE SUBJECT SITE INTO U LOTS POR THE PHASED DEVELOPMENT OP A 160 DWELLING UNIT DEVELOPMENT LOCATED ON THE NORTH SIDE OP SANTIAGO CREEK BETWEEN TUSTIN STREET AND ROSEWOOD AVENUE. TENTATIVE TRACT 15053 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, PC 59-94 that the subdivision of the subject site into 44 lots for the phased development of a 160 dwelling unit development located on the north side of santiago Creek between Tustin street and Rosewood Avenue be approved, the city Council considered Tentative Tract 15053 and determined that the recommendation of the Planning commission should be upheld and Tentative Tract 15053 be approved. 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 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 replace a 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 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 re~is~ng the entry gate design and re-configuring the tot lot and sW1mm1ng 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 Tentative Tract 15053 be approved for the following reasons:1. The proposed tentative tract map allows for the orderly development of the subject site,2. 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,"BE IT FURTHER RESOLVED that the following conditions are imposed with approval: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 building permits, the applicant 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 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 14752.)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 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 assessment to maintain 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 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 28 th day of March I i" L ~A ,.>-;r: l theCity of orlge By: -iUd 1t6.C;iI~ '. .L.lI.'CtlfJ DeputyCity Clerk ATTEST:MARTLVN. 1 . 1P.N.QRN City Clerk of the City of Orange I hereby certify that the foregoing regularly adopted by the City Council of regular meeting thereof held on the 28 by the following vote:Resolution was duly and the City of Orange at a th of March , 1995,AYES:NOES: ABSENT: ABSTAIN: COUNCIL MEMBERS: MURPHY I BARRERA, MAYOR COONTZ, SPURGEON, SLATER COUNCIL MEMBERS: NONE COUNCIL MEMBERS: NONE COUNCIL MEMBERS: NONE SSH:dh MARILYN ,J. , JENSEN City Clerk of the City of Orange 1 " ")By: ( 1v_ V14~1--r/!.~ ilrftvC<,<> 7 Deputy City C1 k Reso. No. 8463 5