RES-8153 Approving Tentative Tract No. 14756RESOLUTION NO. 8153
A RESOLUTION OF THE CITY COUNCIL OF THB
CITY OF ORAlllGB UPHOLDING THB RECOMMBNDATION
OF THE PLANNING COMKISSION OF THB CITY OF
ORAlllGB AND APPROVING THE SUBDIVISION OF
PROPBRTY SITUATBD AT THB NORTHEAST CORNER
OF MCPHERSON AND PEARL STREBTS.
TBNTATIVE TRACT 14756
APPLICANT: JOHlf AND GRACB AOU
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-79-92, that the subdivision
of property situated at the northeast corner of McPherson and
Pearl streets be approved, the City Council considered Tentative
Tract 14756 and determined that the recommendation of the
Planning commission should be upheld and Tentative Tract 14756 be
approved. Subject property is more particularly described
as follows:Lot 1, 2, and 3 in Block B of Town
of McPherson,in the City of Orange, County of Orange,
as shown on map recorded in Los Angeles, Book 1,
Page 140 in the Office of County Recorder of
Orange County.During the public hearing, the city Council found
the facts
as follows:1. The project site is a rectangle shaped 24,
300 square foot parcel, located at the northeast corner of
McPherson and
Pearl Streets.2. The applicant is requesting approval of
a tentative tract map and a conditional use permit application
to allow development of an eight unit condominium project located
in the R-2-6 (Residential duplex, minimum lot size
6,
000 square feet)district.Orange Municipal Code section 17.
66.040 permits the establishment of condominiums in any
residential zone subject to the approval of a conditional
use permit. A condominium development project must have a minimum of
five units and be accompanied with an application for a
tentative tract map as provided for in Title 16 of
the Orange Municipal Code.3. The project site is a relatively
flat parcel of land which has been previously developed
with a single family residence and associated
accessory buildings. All previous structures have been removed from
the site, however, building foundations and mature
landscape trees currently remain.4. The City's General Plan Land
site Low/Medium Density Residential (6-15 units per
acre).5. Surrounding land use and zoning is as
follows:
north-
south-east -
west -Water
Department pump station, zoned R-2-
6,duplex lots across Pearl Street, zoned
R-2-6,multiple family
development, zoned R-2-6,parking lot for
a nearby office building, zoned C-1 (Limited
Business). The City run day laborer hiring
hall is located approximately 250 feet northwest
of the site across McPherson Street.6. McPherson and
Pearl streets are both local streets having a 60 foot right of
way width. Chapman Avenue is located one block south of the project
site and is designated as an augmented primary arterial roadway with
a 100 foot right of way width on the City's
Master Plan of Streets and Highways.7. The applicant is
proposing the development of an eight unit condominium project.
Plans indicate that the proposed units will be grouped in
four, two story duplex buildings. Adjacent buildings will have a
15 foot separation provided with entry walkways and landscaping. The
project will provide a 15 foot landscaped front yard setback on
Pearl Street, and
10 foot side and rear yards.8. Each unit will contain 1,
623 square feet of floor area with three bedrooms, two
full bathrooms provided on the second floor and kitchen, dining room,
living room, powder room on the first floor. Elevations
show that the proposed duplex buildings will have a
maximum height of 27.5 feet.9. An attached two car
garage will be available to each unit. In addition, four open
guest parking spaces will also be provided on site. Parking access will
be provided by a 25 foot wide two
way driveway located off Pearl Street.10. All existing
landscaping remaining on site from the former residence will be removed.
Each unit in turn, will be provided with its own private
yard space as well as common landscape area (plans indicate that
33% of the site will be provided in landscaping). A six
foot high block wall will be constructed on the side and
rear property lines. The wall will be located four feet off
the public sidewalk on McPherson to allow landscaping in
this parkway area. In addition, all interior and
rear units will have gated entries.11. The proposed project
plans are in conformance with R-2-6 zone
development standards. Plans indicate that the project will provide a 15 foot yard
facing Pearl Street, a 10 foot street side yard on McPherson street,
and 10 foot rear yard per the requirements of Orange
Municipal Code sections 17.26 140 and 17.26.150 respectively. The
10 foot interior side yard on the east property
line exceeds Code requirements by five feet.Orange Municipal Code section
127.26.170 requires
foot separation between buildings on site. The project willprovidea15footbuildingseparationexceedingminimumCode
requirements. Building elevations show that the proposedstructureswillcomplywiththemaximum30footbuilding heightlimitpermittedbyCode.
12. Orange Municipal Code section 17.76.040 requires thattheproposedprojectprovide2.2 parking stalls per unit of whichatleastonestallperunitshallbecoveredandaminimumof2
spaces per unit shall be provided as easily accessible guestparking. Plans show that an attached two car garage will beavailabletoeachunitinconformancewithCoderequirements.Four open guest parking spaces will also be available on siteprovidingtwoadditionalguestparkingaboveminimumCodeparkingrequirements. The individual unit driveways have an 18 footdepthoffthe25footwidecommondrivewayallowingvehicles toparkcompletelyoffthecommonaccess. No significant off streetparkingimpactisanticipatedwiththisproject.
13. Staff does, however, have an aesthetic concern with
regard to the extensive driveway and parking area paving locateddownthecenterofthesiteduetothedriveway's visibility fromPearlStreet. Plans indicate that the parking area will containdecorativepavingandlandscapingwhichmayprovidesome
mitigation of staff's aesthetic concerns (refer to submitted siteplansforlandscapinganddecorativepavinglocations). In theirreviewoftheproject, the Design Review Board recommended that ahedgebeplantednearthesouthendofthesitetoprovidescreeningoftheparkingareafromPearlStreet. The City'sLandscapeCoordinatorhasdeterminedthatthematurelandscapetreesremainingonsitearenotsignificantandconsequently, noimpactisanticipatedwiththeirremovalandreplacementwithnewlandscapingassociatedwiththisproject.
14. Due to the project's relative small size, no signifi-cant impact to traffic circulation on nearby local streets isanticipated, however, the project may have an incremental impacttoChapmanAvenuecirculationlocatedoneblocktothesouth.Recent traffic surveys indicate that Chapman Avenue trafficvolumeisapproachingmaximumroadwaydesigncapacity. The
proposed project will generate approximately 64 vehicle trips perday, while not considered significant, will add to existing heavyChapmanAvenuetrafficvolumes. Payment of a TSIP fee asrequiredbyCityordinancemayprovideforadequatemitigation ofprojectgeneratedtrafficimpacts. The TSIP fee program is usedbytheCitytoprovidemitigationofprojectrelatedtrafficimpactswhichmayoccursomedistancefromtheimmediateprojectvicinityTheCityusesthemoneycollectedtopayfortheconstructionofnecessarystreetimprovements. Please refer toNegativeDeclaration1415-92 and accompanyingenvironmentalevaluationforfurthertrafficimpact
analysis.15. The Environmental Review Board examined this projectatfivedifferentmeetingsandrecommendedchangeswhichhavebeenincorporatedintothecurrentsubmittal. The proposed eight
unit 3-Reso No.
condominium project is in conformance with General Plan Land Use
and Housing goals for the site and appears compatible with
existing development in the area. Residential development within
the project vicinity is of a similar scale and density.
16. As part of this submittal, the applicant has included a
tentative tract map to authorize a one lot subdivision for
condominium purposes. Prior to issuance of final occupancy
permits, the applicant must form a homeowner association and
record appropriate C,C & Rls to ensure the adequate maintenance
of all common areas and parkway landscaping. If the applicant
chooses to lease the units prior to their sale, all lease
provisions must state that a condominium map has been recorded
for this project, and that the units may at some future date be
sold. Existing Planning, Zoning and Development laws appear to
only require notification for the conversion of apartments to
condominiums. New legislation enacted this year, effective
January 1, 1993 will require that tenants be notified by a
subdivider when a final map has been approved for a condominium
project (Assembly Bill 3013).
17. The Design Review Board reviewed this project at two
meetings and recommended approval subject to a number of
landscaping changes listed below under recommended conditions.
18.
following
requests:
orange Municipal Code section 17.92.020 lists the
criteria regarding the review of conditional use permit
A. A conditional use permit should be granted upon sound
principles of land use and in response to services required
by the community.
B. A conditional use permit should not be granted if it
will cause deterioration of bordering land uses or create
special problems for the area in which it is located.
C. A conditional use permit must be considered in
relationship to its effect on the community or neighborhood
plan for the area in which it is to be located.
D. A conditional use permit, if granted, should be made
subject to those conditions necessary to preserve the
general welfare, not the individual welfare of any
particular applicant.
NOW, THEREFORE, BE IT RESOLVED, by the city council of the
City of orange that Tentative Tract 14756 be approved for the
following reasons:
1.
desired
Use and
The proposed project provides
by the community in conformance
Housing goals.
housing opportunities
with General Plan Land
2.
Municipal
3.
The proposed subdivision is in conformance with Orange
Code R-2-6 zoning and Title 16
development standards.Conditions have been included which will
preserve the Reso No.
general welfare of the surrounding community.
BE IT FURTHER RESOLVED that Tentative Tract 14756 be
approved subject to the following conditions:
1. Prior to final occupancy, the applicant shall form a
homeowners association and record C,C & R's as approved by the
City Attorney, ensuring the continued maintenance of all common
areas and parkway landscaping.
2. If the project is leased prior to the sale of any
units, the lease provisions shall state that a condominium map
has been recorded for this project and that the units may be sold
at a future date.
3. within two days of final project approval, the
applicant shall deliver to the Planning Division a cashier's
check payable to the County Clerk in an amount required to
fulfill the fee requirements of Fish and Game Code section
711.4(d)(2) and county administration fee, to enable the City to
file the Notice of Determination required under Public Resources
Code section 21152 14 Cal. Code of Regulations 15075. If the
Planning commission determined that there is no potential impact
to wildlife resources, the fee shall be $25.00. If the applicant
has not delivered the required fees within such two day period,
the approval granted herein shall be void.
4. Final landscape plans shall include the following
Design Review Board recommendations:
Provide screen shrub hedge for driveways that are visible
from the south edge of the development on Pearl Avenue.
Up-size the following plant material to 5 gallon
shrubs:Justicea brandegeana - Shrimp Plant
Nandina domestica 'Nana Purpurea' - Heavenly Bamboo Change
street trees along Pearl Street to city designated tree -
i.e. Pyrus cal1eryana - Aristocrat Pear.5. Perimeter fencing
shall be of a non-climbable design,minimum six (
6) feet in height and of a solid construction.6. Private
street name to be approved by Street Name Committee prior
to posting and address assignment.7. Submit
grading plan for review and approval prior to building permit
issuance.ADOPTED this
9th day of March , 1993.r of
t i y 0 n~5 Reso
No. 8153
ATTEST:
Ci?;~r;![1[f ~ ~11!{~ge
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 9th of March , 1993, by
the following vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
NONE
SPURGEON, STEINER. MAYOR BEYER. BARRERA
COONTZ
NONE
Jn~;;;,~ ~~/Jj/~~
ci ty Clerk the ty Zd'f Orange
Reso No. 8153 6-SSH:dg