Loading...
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