RES-8232 Granting Modification to Conditional Use Permit No. 1932-91RESOLUTION 110, 8232
A RESOLUTION OF THE CITY COUNCIL OF THB
CITY OF ORANGB UPHOLDING THB RECOMMENDATION
OF THB PLANNING COKKISSION OF THE CITY OF
ORANGB GRANTING A MODIFICATION TO A CONDITIONAL
USB PBRlUT TO ALLOW A PLANlfBD UNIT DBVBLOPMENT
OF DBTACHED SINGLB FAMILY HOUSING IN LIBU OF
AN APPROVED CONDOMINIUM PROJBCT UPON PROPBRTY
SITUATBD SOUTH OF THE PLANlfBD BXTBNSION OF
VIA BSCOLA AND WEST OF THE PLANlfBD BXTBNSION
OF LOB STREBT,
MODIFICATION TO
CONDITIONAL USB PBRMIT 1932-
91 APPLICANTS I PACIFIC RIDGB
PARTNERS
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-32-93 that Conditional Use
Permit 1932-91 be granted to allow a modification
to planned development of detached single family housing in lieu
of an approved condominium project upon property situated south of
the planned extension of Via Escola and west of the Planned extension
of Loma street, the City Council considered Conditional
Use Permit 1932-91 and determined that the
recommendation of the Planning commission should be upheld and modification
to Conditional Use Permit 1932-91 be granted. SUbject
property is more particularly
described in attached Exhibit "A":During the public hearing, the
city Council
found the facts as follows:1. The subject property
is part of the Southridge Development located between Meats
Avenue on the west, the proposed extension of Loma Street/
Imperial Highway on the east,Anaheim, Hills to the north and Cerro
Villa Drive to the south.The development proposed
with this application is located easterly of the existing Belmont
Estates (off Meats Avenue) and southerly of the
proposed extension of Via Escola.2. The Southridge project
was originally approved as a Planned Community in 1984. In May
of 1992, the Planned Community PC) zoning text was amended and
Tentative Tract Map 14593 and Conditional Use Permit 1932-
91 were approved in conjunction with Conditional Use Permit
1932-91. The applicant now proposes a planned unit development (PUD)
over the westerly 21.6 acres of Tentative Tract Map
14593, while retaining the approved site plan for the easterly 14.5
developable acres of the tract. The PUD consists of 149
detached single family homes, and a common recreation area. Part of the
PUD would contain lots a minimum of 4,250 square feet in size,
part would contain lots a minimum of 3,600 square feet. The average lot
to 5,000 square foot range.
attached mUlti-family
units this
area.The 149 units would replace
239 townhomes) originally approved
for 3. The Planning commission recommends approval of
the project revisions, because it found that the modified
project creates a living environment better than that
originally approved. It decreases density and therefore also
decreases traffic and impact on City services, and increases the amount
of common and private open space available to future
homeowners.The project is also consistent with the General Plan
designation for the property which is Low-Medium Density residential (6
to 15 dwelling units per acre). Although there was an
initial concern with the small lots, the Commission noted that the
property is designated for multifamily development, is proposed as a
PUD, and has amenities greater than what could be otherwise
expected under the existing zoning and general plan. As such, it was
found to be an acceptable alternative to the
previously approved
multifamily project.NOW, THEREFORE, BE IT RESOLVED, by the City Council
of the City of Orange that modifications to Conditional Use
Permit 1932-91 be granted for the
following reasons:1. The project conforms to the General Plan
and general standards
of development.2. The project creates a residential living
environment better than the project originally approved, in that
it reduces density, traffic, and demand for city
services, and increases the amount of public and private
open space.3. The proposal adequately provides for traffic
circulation as well as police and
fire protection.4. The plan is well organized, will not cause
deterioration of bordering land uses, and provides a type of
housing not readily available elsewhere in the city to satisfy
a
market demand.BE IT FURTHER RESOLVED that modification to
Conditional Use Permit 1932-91 be granted subject to
the following conditions:1. The project shall be developed
in substantial compliance with the site plan approved by the
Planning commission and city Council and on file with the
Department
of Community Development.2. The Design Review Board shall review
and approve preliminary and final building elevations, fencing
plans, landscape, and irrigation plans prior to issuance
of building permits.Landscaping plans shall be prepared for all
slopes to be maintained by the Homeowners Association, and
slopes of five feet or
greater in height.Reso
3. A 6' high fence or wall shall be constructed between the
slope area and the condominiums, planned unit development
and park site (the southern boundary Tentative Tract Map
14593). The design of the wall is subject to approval by
the city's crime Prevention Bureau and Department of
community Development.
4. All residential covered parking shall have sectional roll-
up garage
doors.5. Any future additions to structures within the PUD (Lots
1 &2 TTM 14593) shall comply with the following
standards:Height: 2 story
maximum Setbacks from property
lines:Front: 18'
minimum Side: interior-5', exterior (when side
of lot abuts a
street)-10'Rear: 15' minimum, however
covered patios,unenclosed on at least 2 sides, may have
a 5'minimum setback, provided that no
portion of the patio cover, including
overhang, is located closer than 5' from the
rear property line, and that the patio and
any permitted accessory structures do not
exceed 40%coverage of the required rear
yard area Conditions 6 - 15 shall be complied with to the
satisfaction of the Crime Prevention Bureau and other Departments as
noted.6. The Tract design shall incorporate the concepts of
Crime Prevention through Environmental Design (CPTED).
CPTED involves the placement and orientation of homes, the
access and visibility of common or public open spaces and
the design of recreational trail areas. These designs
shall promote public safety and physical security while
allowing the residents or public the ability to self police their
own neighboring
areas.7. The access points indicated by "F" symbols on the site
plan and other unlisted access points in Lot #4, as well as
the access road located between Lot "G" and Loma Avenue shall
be designed in such a way as to reduce the likelihood of
crimes against the property while also reducing an opportunity
to gain easy access into the rear yard areas of units.
The access points within lots #1 through 4 shall
discourage casual trespass by designs similar to: A depressed
curb,approved vehicular support (Turf-block
material) under grass, curb delineators, and an approved fence and
gate with KNOX access. Submit a site plan for approval
showing a typical "F" entry prior to
tract approval.8. All pUblic trail entrances, utility/
maintenance road entrances, and emergency access road entrances
shall be treated with landscaping and vehicle gates
or approved 3-Reso
security devices which will restrict unauthorized vehicles
from entering the roadway, open space areas, or trail
systems. Submit a site plan showing entry designs and
placement of barriers, fencing and landscaping to the Crime
Prevention Bureau for approval prior to submittal of site,
building, and landscaping plans for Design Review Board
review.
9. The design of any vehicular access gates, and any adjoining
pedestrian gates within the tract shall be subject to the
design approval of the Police, Fire, and Public Works
Departments. All approved gates shall be equipped with a
Knox Box for emergency access.
10. Submit a fencing plan to be approved by the Crime Prevention
Bureau, Planning Department, and Design Review Board, prior
to issuance of any building permits. Fencing shall be a
minimum height of 6 feet above finished grade and shall be
of a non-climbable design. Fencing around the
internal common recreation areas shall be a see-
through design,unless otherwise approved by the Crime
Prevention Bureau.11. All structures shall comply with the
requirements of Municipal Code - Chapter 15.52 (Building
Security standards), which relates to use of security
hardware,doors, windows, and lighting (Ord 7-79). "
Approved products list 4/91"
is available.12. All residential structures shall
display approved illuminated address device(s) clearly visible
and legible from the street and approaching emergency
vehicles. Each multiple family dwelling shall display
an approved illuminated 4" address number at the entry
door. Exact location, number of devices, and height
of structure number(s) will be determined during plan check by
the Crime Prevention Bureau. Addressing must comply with O.M.
C. Sec.
15.52.13. 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.14. Stairways providing exterior public access to
the second floor and second floor balcony railings or siding
shall be designed to provide see-through visibility
above
the walking surface.15. Lighting within the tract shall
comply with applicable minimum lighting standards for
private streets; parking areas; and walkways. An approved
lighting plan and photometric printout shall be approved
by the Crime Prevention bureau prior to approval
of building plans.Reso
Conditions 16 - 28 shall be complied with to the satisfaction
of the Fire Department and other Departments as noted.
16.
When required by the Fire Department the Fire Department connection
shall not be affixed to the building. The Fire Department
connection must be located at least 40 feet away from
the building, within 40 feet of a fire hydrant, and on the
address side of the building, or as otherwise required by
the Fire Department.17.
Provide on-site fire hydrant(s) and mains capable of
supplying the required fire flow. The hydrant model and on-
site location shall be approved by the fire Department and
have a three foot minimum clearance around the circumference
of the fire hydrant. The on-site hydrants shall not
be controlled by the control value (P.I.V.) for the
sprinkler system so that water flow to hydrants is not impaired
should the sprinkler system be shut down for any reason. U.F.
C.10.206 and 10.301. Plans must be submitted to the
Building
Department.18. Every building shall be accessible to Fire
Department apparatus by an access roadway of not less than 20 feet
of unobstructed width having a minimum of 13 feet 6 inches
of vertical clearance. The access roadway shall be extended
to within 150 feet of all portions of the exterior walls of
the first story of any building. U.F.C. 10.
207 19. Provide a secondary emergency access for proposed Lots #
2,3 and #4 that is built and maintained in accordance
with U.F.C. 10.207. O.H.C. 15.32.
110 20. Dead-end Fire Department access roads in excess of
150 feet long shall be provided with approved provisions
for the turning radius of Fire Department apparatus. U.F.C.
10.207.21. The Fire Department access roadway shall be an
all weather driving surface capable of supporting the imposed
load of fire apparatus. U.F.C.
10.207 22. The Fire Department access roadway shall be
provided with adequate turning radius for Fire Department
apparatus. (A 40 foot outside radius is a minimum
under most circumstances.) U.F.C.
10.207 23. The total width must be continuously paved
to accommodate 40,000 pounds and shall not exceed the angle
of departure for fire apparatus on
any slope.24. Fire access lanes are to be posted and
red curbed.Identification of fire lanes must meet City of
Orange Fire
Department Standards.5-Reso
25. All streets less than 28' in width shall be marked on both
sides "No Parking Fire Lane" and streets 28' to 35' in width
shall be marked "No Parking Fire Lane" on one side. streets
with widths of 36' or greater may have parking on both sides
of the street. (per City of Orange Fire Department Fire
Department Access Standards)
26. One 2A 10BC rated fire extinguisher shall be provided for
every 3000 square feet of the building or 75 feet of travel
distance. U.F.C. Standard 10-
1 27. The proposed project shall meet the city of Orange
Fuel Modification requirements. These requirements are
addressed on a project by project basis and will be reviewed by
the Parks Department. Residential development site
planning shall provide for maintenance access to the required
fuel modification zone. The access shall be provided at
minimum 500' intervals. All specific provisions for
fuel modification zone access shall be approved by the
fire
department.28. Fire Facility Fees will be
required.Conditions 29 - 30 shall be complied with to the
satisfaction of the City's Community services Department and
other Departments as noted.
29. The developer shall either pay park fees or provide one
public park site and improvements upon entering into an
agreement with the City of Orange Department of Community
services. The agreement shall be reached prior to issuance
of any grading and building permits.
30. Required street trees along Via Escola shall be installed
on-site and maintained by the Homeowners Association
or Landscape Maintenance District. The Street Tree
Division shall approve type and location of all street tree
plantings along Via Escola. All street planting to include
the installation of root barriers on the sidewalk side of
the tree, or where conditions warrant, the installation of
a deep root box as directed by the Director of
Community
services.Conditions 31 - 65 shall be complied with to the
satisfaction of the Public Works Department or other Department
as denoted:
31. All primary and secondary access roadways shall intersect
Via Escola at, or as near as possible to, 90 degrees.
32. All primary and secondary access roadways forming 4 legged
intersections with Via Escola shall have aligned
centerlines. If site plan or tentative tract map
modifications are necessary to accommodate such alignment,
Reso No. 8232 6-
the Community Development Director shall determined whether
said modifications are of such significance as to require
review and approval by the Planning Commission and/or the
City Council.
33. Subject to conditions of addendum sheet No.1.
34. A final tract map shall be recorded within 24 months after
tentative approval and prior to the sale or lease of any
parcel.
35. Monuments shall be set based on a field survey.
36. Dedicate and construct Via Escola, to city standards.
37.Construct all interior and entrance
Escola to private street standards.
bulb radius shall be 40 feet.
streets off of Via
Minimum cul-de-
sac and 38. Subject to dedication of ingress/egress rights
over private streets to City of Orange for city
related functions.39. The Tentative Tract Map is to include the
following note:No gated vehicular entries shall be permitted off
of Via Escola". Also, the recorded CC&R's shall
contain a perpetual restriction against such gated
vehicular entries to the satisfaction of the city's Traffic Engineer
and the
City Attorney."40. Any gated entry on private streets, southerly of
Via Escola shall be reviewed and approved by the city
Traffic Engineer and shall be incorporated and shown in
original
improvement design.41. Grading, landscape, and wall plans shall be
designed to provide proper sight distance at all
street intersections with
Via Escola.42. Subject to dedication of vehicular access rights
along Via Escola to the City
of Orange.43. Landscaping and walls along the south side of Via
Escola and along the north side of Via Escola between the
east property line of Tract 14549 and Lema Street shall be maintained
by a Homeowners Association or the
Landscape
Maintenance District.44. Construct storm drain(s) to
city standards.45. A fee of $825.00 per dwelling unit shall be paid to
the City of Orange to assist in the financing of
future Serrano Avenue between Nohl Ranch Road and
Mabury Ranch.46. That a traffic signal fee of $120.00 per
dwelling unit,7-Reso
payable at issuance of building permits, be required for
future signal construction at via Escola/Meats Avenue, and
Via Escola/Imperial Highway.
47. street lights along Via Escola shall be installed by
developer, as approved by the Department of Public Works,
and system dedicated to the City of Orange.
48. All slop~s shall be a maximum of 2:1 unless a 1 1/2:1
maximum 1S recommended as being safe by the soils engineer
and approved by the City Engineer.
49. All grading shall be conducted in accordance with City's
Manual of Grading. "Contour grading", that is, rounding and
blending of finished slopes into natural terrain shall be as
required in the city's Guideline for Landform Grading and
shown on grading and improvement plans.
50. C, C, & R's shall be reviewed and approved by the Department
of Community Development and the City Attorney prior to
approval of final map.
51. C, C, & R's shall include section stating that City is not
responsible for replacement of any special landscaping or
paving amenities on private streets, including repair and/or
maintenance of public utilities.
52. That an on-site dedicated water system be installed
as designed by the Water
Department.53. That a 15' easement be dedicated to include the water
main,meters, detector checks, and fire
hydrants.54. That each building be metered separately unless
otherwise approved by the Water
Superintendent.55. That the developer shall satisfy all Water Main
connection charges as determined by the Water
Department.56. Prior to building permits being issued on the second
500 units encompassed within the boundaries of Tentative
Tract Map 12082, a water main of a size and capacity as
approved by the water manager shall be installed and in service
from an 1100 zone water reservoir, or in lieu of the 1100
zone water reservoir being in service, the developer
shall provide, at no cost to the city, a new 1100 zone
pump station at a location and of a size, capacity, and design
as approved by the Water
Manager.57. Subject to paying the major thoroughfare and
bridge,transportation system improvement program,
police facilities, fire facilities, and school development
fees prior to issuance of building
permits.Reso No. 8232
58. Erosion control facilities shall be installed to prevent
water erosion in graded areas and prevent silt from entering
existing streets and drainage facilities.
59. Prior to occupancy of the 422nd unit within the overall
boundaries of TTM 12082 or issuance of the 501st building
permit, (whichever comes first), Via Escola shall be
constructed to two lanes width minimum from Meats Avenue to
Loma street, and Loma street/Imperial Highway shall be
constructed two lanes minimum width providing access to the
arterial highway system in the City of Orange.
60. Developer shall submit an extensive engineering drainage
study relating project area to off-site downstream
areas.Construction of off-site drainage facilities
may
be required.61. Temporary desilting facilities shall be
installed to adequately prevent storm water erosion in graded
areas
of tract.62. Subject to submitting developers "Best
Management Practices"for pollution control based on National
Pollution Discharge Elimination Systems (NPDES) requirements prior
to issuance of
grading permits.63. That all slopes within Lots B through H shall
be maintained by a Homeowners Association or
Landscape Maintenance District, and that easements be granted for
this purpose.64. Cable television facilities shall be installed
as required by City franchise cable
television company.65. Prior dedication of Loma Street shall be abandoned
prior to approval of final tract map or issuance of any
grading or
building permits.66. If not used, this conditional use permit shall
expire two years from date of
final approval.67. Prior to the approval of the final Tract Map,
the developer shall submit a fuel modification plan for
Tract 14593 acceptable to and approved by the City'S
Fire Department.In the event the Developer's proposed fuel
modification plan proposes any off-site improvements, it
shall be accompanied by documentation of the right to
perpetually use and maintain any such off-site improvement
and access to such improvements, in form and substance
acceptable to the city Attorney. Any proposed use
of any such off-site improvements to comply with
this condition is not mandated by the City, but is a proposal
of the developer as an alternative means of complying
with this condition and the City shall have no
obligation to institute eminent domain proceedings or otherwise assist
the developer to acquire
right in off-site property for purposes of satisfying
this condition. Any substantial modification to the
tentative tract map, as approved, to accommodate the approved
fuel modification plan shall require Planning
Commission approval, and may be subject to additional conditions
or modifications of
conditions.68. Noise mitigation shall be provided as required by
mitigation measures contained in noise analysis, conveyed by
Michael Ahlering in letter dated November 14, 1991. Such study
may be amended as required to more specifically address
precise locations and elevations of structures and
walls.69. Development at the easterly end of TTM 14593 shall be at
a density not to exceed 19.7 units per acre on Lot 3 and 22.
3 units per acre on Lot
4.ADOPTED this
14th
ATTEST:c~1{:?~? t.flc~1:f'ft:~
e 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 14th th of September , 1993,
by the following
vote:
AYES:
NOES:
ABSENT:COUNCIL MEMBERS: SPURGEON, BARRERA, MAYOR BEYER, COONTZ,
MURPHY COUNCIL MEMBERS:
NONE COUNCIL MEMBERS:
NONE
2-ge%~__City Clerk the C~y
of Orange Reso No. 8232 10-