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RES-8142 Granting Conditional Use Permit No. 1994-92RESOLUTION NO. 8142 A RESOLUTION OP THB CITY COUNCIL OP THB CITY OP ORANGB UPHOLDING THE RECOMMBNDA- TION OP THB PLANNING COMMISSION OP THE CITY OP ORANGB AND GRANTING A CONDITIONAL USB PBRMIT TO ALLOW CONSTRUCTION OP A 162 UNIT PLANNED UNIT DBVELOPMENT UPON PROPBRTY SITUATBD AT THE NORTHEAST CORNER OP CANYON VIBW AVENUB AND WHITB OAK RIDGB. CONDITIONAL USB PBRMIT 1994- 92 APPLICANT: INTBRAMBRICAN BUILDBRS CORPORATION 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-78-92, that Conditional Use Permit 1994-92 be granted to allow construction of a 162 unit planned unit development situated at the northeast corner of Canyon View Avenue and White Oak Ridge, the City Council considered Conditional Use Permit 1994- 92 and determined that the recommendation of the Planning commission should be upheld and Conditional Use Permit 1994- 92 be granted. Subject property is more particularly described as follows:Lot 18 of Tract 12417 in the City of Orange, County of Orange, State of California.During the public hearing, the City Council found the facts as follows:1. That the applicant, InterAmerican Builders, is requesting approval of a Tentative Tract Map 14766 and Conditional Use Permit 1994-92 to allow the subdivision of an 11 acre site into a 159 dwelling unit Planned unit Development. The proposal includes the creation of 17 lots, of which 7 will not have direct access to public streets. The project is located within the boundaries of the Santiago Hills Residential development at the northeast corner of Canyon View Avenue and White Oak Ridge.2. That the specific proposal is somewhat unique in that a combination of 63 single family detached units and 96 attached stacked flats will be developed under condominium ownership. The detached flats will range in size from 1, 588 sq. ft. to 1,856 sq.ft., while the stacked flats shall range in size from 1,186 sq.ft. to 1,497 sq. ft. The detached structures shall be two stories in height, while the stacked flats shall be two stories with a loft. The proposal provides on-site 352 parking spaces.3. That since the subject site is located within the boundaries of the Santiago Hills Residential Development, it is subject to the development standards and land use restrictions NOW, THEREFORE, BE IT RESOLVED by the city council of the City of Orange that Conditional Use Permit 1994-92 be granted for the following reasons:1. The proposed density is within the range permitted by the city's General Plan Land Use Policy Map and the upper Peters Canyon Specific Plan.2. The proposed mix of residential density and unit types will provide a living environment that will be superior to a standard development, and will provide needed housing for certain portions of the population.3. The proposed reduction of building separation from 10' to 4'will result in interesting building architecture, and should not have an adverse impact on the future residences living environment.4. The conditions noted below include requirements that access easement be included to provide permanent public access to those lots that do not have direct access to public streets.5. The project, with the exception of building separation,conforms to the development standards of the City'S Zoning Ordinance and the Upper Peters Canyon Specific Plan.BE IT FURTHER RESOLVED that Conditional Use Permit 1994-92 be granted subject to the following conditions:1. Development shall be in substantial compliance with plans as approved by the Planning Commission and on file with the Department of Community Development.2. Project entries shall not be gated at any time in the future.Conditions 3 through 16 shall be complied with to the satisfaction of the city's Public Works Department and other City Departments as noted.3. Subject to conditions of Addendum Sheet No.1.4. Monuments shall be set based on a field survey.5. Construct storm drain to City standards.6. Dedicate and construct sewer system to City standards.7. Subject to installing cable television facilities as required by City'S franchised cable TV companies. This shall include easement rights to buildings being served.8. CC&R's shall be reviewed and approved by the City Attorney prior to approval of final tract map.Reso No. 9. All peripheral fencing/block walls shall be constructed within tract boundaries. 10. Erosion control facilities shall be installed after rough grading per approved erosion control plan. 11. A final tract map shall be recorded within 24 months after tentative approval and prior to the sale or lease of any lot. 12. Private streets shall be constructed to City construction standards, with widths of 28' for streets without parking, and 32' for streets with parking on one side (as per Santiago Hills Specific Plan). 13. There shall be "No Parking Anytime - Tow Away" restrictions on the Old Camp Road cul-de-sac as required by the Traffic Engineer Division.14. SUbject to dedicating access rights over private streets to the City of Orange for public related functions.15. That an on-site dedicated waterline be installed as designed by city Water Department.16. That a 20 foot minimum width water main easement be dedicated to include the water main, meters and fire hydrants.17. That each building be water metered separately unless otherwise approved by the Water Department.18. That developer shall pay all Water Department fees and charges prior to city Council approval of final tract map.19. That all water main connection charges be paid to Irvine Ranch Water District prior to Council approval of final tract map.20. Final grading plan shall provide for adjacent drainage from community trail area.21. Construct a 6' to 6.5' high solid wall on top of the slope along Canyon View Avenue. The wall must be continuous, have no opening or gaps, and have a minimum density of 4 pounds per square foot.22. All second story units facing Canyon view Avenue will provide mechanical ventilation or air conditioning supplying two air changes per hour in each habitable room with 20% fresh make up air obtained from outside the building.Compliance with the noise mitigation requirements shall be verified by the Building Department during plan check and site inspection.3-Reso 23. Construct 5.5' high balcony barriers on all balconies facing Canyon view. The balcony barriers can be a combination of wood, masonry, or glass, that has been specifically designed as noise barriers. Balcony floors must be solid. 24. Garage doors equipped with automatic garage door operators shall be equipped with a secondary latching device to secure the door against forced entry. The secondary latching device shall be designed to work in conjunction with the door operator and be approved by the Crime Prevention Bureau. 25. CC&R's shall be reviewed and approved by the City Attorney prior to approval of the final tract map. The following condition shall be complied with to the satisfaction of the city's Crime Prevention Bureau. 26. That all windows and doors opening onto the courtyards for the stacked flat condominiums shall have upgraded hardware to protect against the break- ins.27. That all garages shall have sectional, roll-up type doors.28. That the final site plan be revised per comments made by Orange Disposal for the locations of trash enclosures, and per the revised siting of structures (designated as structures 43 and 44 of the project site plan, so that both structures garages shall have a minimum 20' setback from the curb or inward edge of the sidewalk.29. That the C, C, and R's include a statement that the project's entries are not designed for gates, and that gate entries will not b permitted in the future.ADOPTED this 12th 1993.ATTEST:Ci1t~~~' it f! 7ff~nge 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 12th of January , 1993,by the following vote: nge AYES: NOES:ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS:NONE SPURGEON, STEINER, MAYOR BEYER. BARRERA, COONTZ NONE 9~~~city C1er f ~ aity of Orange Reso No. 8142 4-