RES-8001 Granting Modification to Conditional Use Permit No. 1441RESOLUTION NO. 8001
A RESOLUTION OP THB CITY COUNCIL OF THE
CITY OP ORANGE UPHOLDING THB RECOMMENDATION
OP THE PLANNING COMMISSION OF THE CITY OP
ORANGB AND GRANTING A MODIFICATION TO
CONDITIONAL USB PBRMIT AND TO ALLOW RECON-
FIGURATION OF AND ADDITIONAL ACCESS TO A
PRIVATB DRIVE UPON PROPBRTY SITUATBD APPROX-
IMATELY 150 FEBT BAST OP THE INTERSECTION OF
CBRRO VILLA DRIVE AND BL RITO DRIVE, ON THE
NORTH SIDE OP CERRO VILLA DRIVE.
MODIFICATION TO CONDITIONAL USE PERMIT 1441
SALKIN ENGINEERING 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-2-92, that Conditional Use Permit
1441 be modified to allow a change to a condition of approval
and allow reconfiguration of and additional access to a private
drive upon property situated approximately 150 feet east of
the intersection of Cerro Villa Drive and EI Rito Drive, on the north
side of Cerro Villa Drive, the City Council considered
modification to Conditional Use Permit 1441, and determined
that the recommendation of the Planning commission should be
upheld and modification to Conditional Use Permit 1441 be
granted. Subject property is more particularly described
as follows:Lots 28, 29, and 30 of
Tract 12458 During the public hearing, the City Council found
the facts more particularly set forth
as follows:1. That Tract 12458 known as Prado Woods, is located
north and west of the City of Villa Park, and has approximately
3200' of frontage on the northern side of Cerro Villa Drive,
east of Summitridge Lane. This application pertains specifically
to Lots 28, 29, and 30, located at the easterly edge of the
tract, east of EI Rito Drive, and abutting the City of
Villa Park.2. That the condition for which modification
is requested
currently reads:Private Drive A shall serve a maximum of
five residential units, and Private Drive B shall serve a maximum
of four
residential units.The request is that Private Drive B be allowed to
serve a maximum of six rather than four
residential units.3. That under the original approval of Tract 12458,
two private drives were created to provide access to lots not
on public streets, and each was restricted by condition that it
serve a maximum of four lots. Both of these drives intersect
Cerro villa Drive, Drive A at the far westerly end of the tract,
and Drive B at the easterly end. A request was approved in 1990
to allow the westerly Drive A to serve one additional lot.
4. That the current application is a request to expand the
usage of Drive B, located at the far easterly end of Tract 12458,
abutting the Orange/Villa Park city boundary line. Originally,
Drive B was to serve only two lots within the tract. These two
lots, lots 29 and 30, have been graded, but no building permits
have been issued and no construction has occurred. Since the
original approval of the Prado Woods tract, the adjacent property
in Villa Park has been developed with three homes, all of which
take direct access to Drive B.
5. That as a result of the Villa Park development, five lots
are now situated so as to require access off of Drive B. In
order to formally authorize development of all five lots, and to
allow one additional lot to take access from a reconfigured Drive
B", the applicant has made a request to modify the condition to
allow Drive B to serve a total of six lots.
6. That in making this request, the applicant's intent is to
create a six lot private, gated community, with three of the lots
being in Orange and three in Villa Park. The primary concern
with this request is that Drive "B" is constructed with a 22'
width, curb to curb, which does not allow for on-street
parking,due to Fire Department access requirements. with Drive "
B"providing access for six large homes (each
containing approximately 7,000 square feet or more of floor area),
it appears necessary to make some accommodation for guest
parking.Therefore, a condition is recommended that approximately
240 linear feet of Drive "B" be widened to 28' to allow for both
fire truck access and parking on one
side.NOW, THEREFORE, BB IT RESOLVED by the City Council of
the City of Orange that Conditional Use Permit 1441 be granted
for the following
reasons:1. The proposed modification will not cause deterioration
of adjacent land uses nor cause special problems for the area
in which it is
located.2. Conditions have been applied which will preserve the
general welfare and safety of all affected and nearby
residents.BB IT FURTHER RESOLVED that modification to Conditional
Use Permit be granted subject to the following
conditions:1. Drive "B" shall be widened to a 28 foot width, as
measured from faces of curbs, prior to occupancy of lots 28, 29, 30.
Such widening shall occur for a length of 240 feet on the west side
of Drive B, from the cul-de-sac to the northerly edge of
the pad on Lot 29 (north of the
existing catch basin).2. Parking shall be permitted on one side of
Drive "B", only ReBa
where it is 28 feet in width, with signage and markings to be
installed in accordance with Fire Department requirements.
3. Drive "B" realignment and gating shall be permitted subject
to approval of Tract 12458 Homeowner Association, and shall be in
accordance with the requirements of the City of Orange Traffic
Engineer, Police and Fire Department.
4. Legal documentation shall be prepared to establish access
rights to Drive "B", and to assign responsibility for its
maintenance and liability to all lots taking access from Drive
B". Such documentation shall be prepared to the satisfaction of
the Department of Community Development and City Attorney, and
shall be recorded by the applicant prior to issuance of any
occupancy permit.
ADOPTED this 12th day of May 1992.
ATTEST:
Ci~~::(<t('~hf!i~':~~
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 May , 1992, by
the following vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
STEINER, BARRERA, MAYOR BEYER, SPURGEON
NONE
COUNCILWOMAN COONTZ
1C.-/ci
y Cler the ty f Orange SSH/
dg 3-Reso No. 8001