RES-8185 Granting Variance No. 1947-93RESOLUTION NO, 8185
A RESOLUTION 01' THE CITY COUNCIL 01' THE
CITY 01' ORANGE UPHOLDING THE RECOJOlBllDA-
TION 01' THE PLANJII'ING COJIMISSION 01' THE
CITY 01' ORANGE AND GRANTING A VARIANCE TO
ALLOW REDUCTION IN THE 80 l'ooT IlINIKUM LOT
I'RONTAGE REQUIREMENT 01' THE R-1-
8 DISTRICT,
VARIANCE 1947-93 APPLICANT: HANSON
PROPERTIES
WEST. INC,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-'10-93, that Variance
1947-93 be approved to allow reduction in the 80
foot minimum lot frontage requirement of the R-1-8
District the city Council considered the Planning
Commission recommendation and granted Variance 1947-93, Said real
property is more particularly described
in Resolution No.8183 approving Zone Change 1146-93.The
City Council finds in favor of the proposed residential use
of the site although it precludes mineral development, as
intended by the designation as a regionally significant aggregate resource sector
by the state
Mining and Geology Board, based upon the following considerations:
The entire 120 acre aggregate mining property, of which 12.
6 acres forms the project site, has been utilized for
mineral extraction for more than 40 years and
the extraction life is mostly depleted,
On a regional scale,
there are greater extracting opportunities elsewhere in the County,The
12.6 acre project site is physically isolated from the
rest of the mining property
by
Santiago Creek, thus deferring any possible mineral extraction opportunities,Furthermore,
the 12.6 acre site has not been
utilized for mineral extraction due to its
proximity to neighboring single family residences which,
if such extraction activities whereto occur, would be
impacted by noise and dust associated with mineral extraction.Upon the
public hearing before the City Council of the city of Orange
the facts more particularly set forth
in Resolution No,8183 granting Zone Change No. 1146-93.NOW,
THEREFORE, BE IT RESOLVED by the City Council of the
City of
1, The proposed lot configurations of Tract 14747 were
constrained by providing a site access and circulation system
that adequately addressed traffic safety and neighborhood
integration issues and thereby necessitating approval of a
reduction in lot frontage requirements,
2, A similar variance was granted for the master development of
the properties directly adjacent to and north of the project
site,
BE IT PURTHER RESOLVED that the following conditions are
imposed with approval:
1. within two days of the final approval of this project, the
applicant shall deliver to the Planning Division a cashiers
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 the County administrative fee, to enable
the City to file a Notice of Determination required under
Public Resources Code Section 21152 14 Cal. Code of
Regulations 15075, If the applicant has not delivered the
required fees within such two day period, the approval for
the project granted herein shall be void.
2, All unpaved or non-landscaped surfaces shall be
stabilized during grading and construction to mitigate dust
impacts associated with such
activities.3, Compliance with the City'S Noise Ordinance during all
phases of
construction,4, Compliance with grading and hauling requirements
contained in the City's "Manual of
Grading".5, The architectural design of all structures, perimeter
walls or fences shall be compatible with the
neighboring residential development as determined by the City'S
Design Review Board prior to the building permit plan
check process, Particular attention shall be given to the
rear elevations to achieve variety in
appearance,6. In conjunction with the submittal of applications for
any grading permits that could affect any wetland area
as defined in the Wetland Delineation Study dated November
23,1992, the applicant shall submit to the satisfaction of
the Director of Community Development evidence of
application for the appropriate 404 and/or 1603
Permits.7. Prior to the issuance of building permits, the
applicant shall submit, to the satisfaction of the Director
of Community Development, the final approved 404 and/or
1063 Permits and evidence documenting how the conditions
or requirements of these Permits have been incorporated
into the design of the project. If these Permits are
not required, the applicant shall submit documentation from
the appropriate permitting agencies indicating that the
permits Reso No. 8185
are not warranted.
Conditions 8-28 shall be complied with to the satisfaction of
the City's Public Works
Department,8, Compliance with all recommendations contained in the
soils
report,9. Subject to all conditions of addendum sheet No,
1.10, A final tract map shall be recorded within 24 months
after tentative approval and prior to the sales or lease of
any
parcel.11, Monuments shall be set based on a field
survey,12. The Tentative Tract Map is to include the following
note:No gated vehicular entries shall be permitted off of
Mabury Avenue," The recorded C,C & R's shall also contain
a perpetual restriction against any gated vehicular entries
to the satisfaction of the City's Traffic Engineer and the
city
Attorney.13. Grading, landscaping, and wall plans shall be designed
to provide proper sight distance at all street
intersections,14, Lot C shall be constructed to City's public
street standards, Cul-de-sacs shall have a minimum
40 foot curb radius, Parkways shall be included
between
curb and sidewalk,15. Subject to dedication of vehicular
access rights along Mabury Avenue to the
City of Orange,16, Construct storm drain(s)
to City standards.17. All slopes shall be a maximum of 2:1 unless a
1-1/2:1 maximum is recommended as being safe
by the soils engineer and approved
by the city Engineer.18, All grading shall be conducted
in accordance with the Uniform Building Code'
s requirements for stability,Contour grading", that is,
rounding and blending of finished slopes into natural terrain
shall be shown on
grading and improvement plans,19. Erosion control facilities shall
be installed to prevent water erosion in graded areas and
prevent silt from entering existing
streets and drainage facilities.20, Prior to issuance of a grading
permit, a National Pollutant Discharge Elimination System (
NPDES) permit shall be obtained from the California
Regional Water Quality Control Board, Santa Ana Region.
This may include submitting developers "Best Management
Practices" for pollution control based upon NPDES requirements. A copy
of the permit shall be submitted to the City of Orange
for inclusion to the
file,
21. C,C & R's shall be reviewed and approved by the Community
Development Department and the city Attorney prior to
approval of final map. C,C & R's to include maintenance
responsibilities for Lots A (excluding area to be maintained
by County Flood Control upon dedication to Orange County
Flood control), B, & C (landscaping) and restrictions over
MWDOC mainline off-site easement
areas,22, All landscaping within Lots B & C, that portion of Lot
A which is not dedicated to the County, and off-
site easements shall be maintained by a
Homeowners Association,23, Cable television facilities shall be installed
as required by City franchise cable
television company.24, All development fees shall be paid based on rate
in effect at time of building permit issuance,
including: major thoroughfare and bridge, transportation
system improvement program, police facilities, fire
facilities, park acquisition and school
development fees,25. Santiago Creek shall be designed and constructed to
City of Orange and Orange County Flood Control requirements
in order that maintenance can be taken over by County
Flood
Control District,26, Creek slope design shall include a looped access
road with maximum grades and surface treatment as approved
by Orange County Flood Control District, Orange County
EMA, Planning-Trails Coordination, and City
of Orange,27. Looped access road shall be gated at each
entrance as approved by Orange County Flood Control
District, Orange County EMA, Planning-Trails Coordination,
and
City of Orange.28. All off-site construction,
maintenance and access easements shall be submitted for review prior
to final map approval and permit issuance, Easements shall be in
a form that can be assumed by Orange
County Flood Control District,Conditions 29-30 shall be complied
with to the satisfaction of the
City's Community Services Department,29. Landscaping of the proposed
median island at the project entry, intersection of Mabury
Avenue and "A" Street and street parkways, shall be maintained
by HOA as other medians and parkways
are throughout the Mabury residential development. Landscape design
concept for the median shall be similar to
existing medians along Yellowstone Boulevard.Landscape design concept for the
parkways shall be to the satisfaction
of the Community services Department.30, Landscaping of the 8
foot parkway along Mabury Avenue created by the trail relocation)
shall be maintained by
future HOA; maintenance responsibility shall be included in
the C,C, & R's. The landscape concept for the parkway shall
be similar to existing parkways throughout Mabury Ranch to
the satisfaction of the Community services Department,
Conditions 31-34 shall be complied with to the satisfaction
of the City's Water
Department,31, An on-site dedicated water line shall be
installed as designed by the
Water Department,32, Each residence shall be metered separately
unless otherwise approved by the
Water Department,33. The developer shall satisfy all water
main connection charges as determined by the
Water Department,34, That the developer shall satisfy all East
Orange County Water District
fee requirements,Conditions 35-41 shall be complied with to
the satisfaction of the City'
s Fire Department.35, Dead-end Fire Department access roads
shall not exceed 600 feet without a secondary
emergency access, Developer shall provide a secondary emergency access
that is built and maintained in accordance with U.F.C, 10,
207, O,M,
C,15,32.110,36, Fire Department emergency access must
not
exceed 12 percent grade,37, The Fire Department access roadway
from Mabury Avenue to future "c" street shall be
all weather driving surface capable of supporting the imposed
loads of fire apparatus,40,000 pounds, and shall not exceed
the angle of departure for fire apparatus on any slope. U.F.
C. 10.201,14,38, The Fire Department access roadway
from Mabury Avenue to future "c" street shall be
provided with adequate turning radius for Fire Department apparatus, (
A 40 foot outside and 20 foot inside radius,) U,
F,C, 10.207,39. This project shall comply with
the city Fuel Modification Program, The program includes the
requirement for a minimum twelve foot wide passage way from a
public street to the fuel modification zone to
provide access for emergency personnel and maintenance workers, Access
ways are to be located no more that 500 feet
apart with locations approved by the Fire Department, C,C & R'
s shall detail emergency access passage ways
for the affected lots,40, The proposed development is within
a climate and topographic high hazard and fire zone (
Ordinance 5-87) which requires that all buildings constructed in the
zone to have class A fire retardant roofs with
fire stopped and enclosed eaves.In addition, a spark arrestor
is required on chimneys
include a maximum one-half inch
screen.41, Fire facility fees will be
required,Conditions 42-45 shall be complied with to the
satisfaction of the city's crime Prevention Bureau of the
Police Department,42, All structures shall comply with the
requirements of Municipal Code - Chapter 15,52 (Building Security
Standards,Ord. 7-79), which relates to hardware,
doors, windows,lighting, etc, Approved structural drawings
shall include sections of the security code that
apply. Specifications,details, or security notes may be used to
convey the compliance. This will be reviewed in a plan check
by the Crime Prevention Bureau prior
to approval,43. An illuminated address device of at least 4 inches
in height is required, Shall be contrasting in color
to the background and visible to approaching vehicles (
location to be determined during the plan
check process).44. A second building address device of at least 4
inches in height is required, Shall be illuminated,
contrasting in color to the background and visible to
approaching vehicles at driveway for lots 8, 9, 13, 14, 20,
and 21.45. All landscaping shall be maintained not to
interfere with
required addressing,46, C,C & R's shall prohibit roof mounted equipment
and/or apparatus such as satellite dishes, air
conditioners, etc,47, Construction access for heavy construction
equipment and materials delivery shall be gained entirely from
the south unless restricted by natural or environmental
obstacles. No construction workers parking on Mabury Avenue
shall
be permitted.48, C,C & R's shall include a provision detailing
that the future homeowner's association shall assume
the maintenance and liability responsibilities of
the recreational trail/maintenance road contained within Lot A
until such time that the County of Orange accepts
the responsibilities.In regard to maintenance, the C,C & R's
shall specifically detail that the homeowner's association shall
monitor and enforce measures to control weeds and water erosion
of
the trail,49, If imported materials are required, there shall be
a hauling permit public hearing to determine requirements
of City
hauling specifications.Orange Park Acres to be notified of any hauling
schedule for any importation
of materials.ADOPTED this 18th day of
May 1993,ReBo No.
ATTEST:
k7).-'J.L.4; /. (/lJ~~-p?/city
Cl~ e~ty 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 18th of May , 1993,by
the following vote:AYES:
NOES:
ABSENT:
COUNCIL
MEMBERS:COUNCIL
MEMBERS:COUNCIL
MEMBERS:NONE
SPURGEON.
BARRERA, MAYOR BEYER. COONTZ MURPHY
NONE
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i./" JJ /)f'/d-~./ ~?'~~city
Cler f t~c~y of Orange Reso
No. 8185 SSH:dg 7