RES-7732 Granting Conditional Use Permit No. 1857-90RESOLUTION NO. 7732
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE UPHOLDING THE RECOMMENDA-
TION OF THE PLANNING COMMISSION OF THE
CITY OF ORANGE AND GRANTING A CONDITIONAL
USE PERMIT TO ALLOW CREATION OF LOTS
WITHOUT DIRECT ACCESS TO A PUBLIC STREET
UPON PROPERTY SITUATED ON THE SOUTH SIDE
OF SANTIAGO CANYON ROAD MIDWAY BETWEEN
JAMESTOWN WAY AND ORANGE PARK BOULEVARD.
CONDITIONAL USE PERMIT 1857-
90 BEAZER DEVELOPMENT 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-75-90, that Conditional Use
Permit 1850-90 be granted to allow the creation of lots without
direct access to a public street upon property situated on
the south side of Santiago Canyon Road midway between Jamestown
Way and Orange Park Boulevard, the City Council
considered Conditional Use Permit 1857-90 in conjunction with
Tentative Tract Map 14322 and determined that the
recommendation of the Planning commission should be upheld and Conditional
Use Permit 1857-90 be granted.Subject property
is more particularly described as follows:That portion of Lot 2 in Block "
A" of the land of OGE &BOND, as shown on a map recorded
in Book 3, pages 430 & 431 of miscellaneous
records of Los Angeles County, California.Parcel 10) Assessor's map
book
379, page 45, County of Orange.During the public
hearing, the
City Council found the following facts:I. The subject property is an
irregularly shaped site 7.6 acres in size located on the
south side of santiago canyon Road midway between
Jamestown way and Orange Park Boulevard.2. The applicant is
requesting approval of a tentative tract map to allow subdivision
of the site into seven single family parcels having
a private street to provide access,and a conditional use
permit to allow creation of lots without
direct access to a public street.Orange Municipal Code (
OMC) Chapter 16.08 sets forth regulations
pertaining to processing tentative tract maps and OMC section 17.94.
050 requires approval of a Conditional Use Permit prior to
creating any lots
3. The site is designated on the city's General Plan Land Use
Policy Map as "Residential, Estate Low Density", (0 to 2
dwelling units per acre) and is located within the Orange
Park Acres Plan (OPA) area. The OPA Plan was adopted by the
City Council in 1973 as part of the Land Use Element of the
General Plan and covers the community of Orange Park Acres
and some surrounding area. The OPA Plan defines land uses
for the Plan area more precisely than does the Land Use
Policy Map, and was based upon uses which were existing at
the time the Plan was adopted and on policies regarding
future development of the area. The OPA Land Use Plan
designation for this site is "Low Density" one acre minimum
lot size.
The OPA Plan also established the Orange Park Acres Planning
Committee to function as a liaison with city staff and to
interpret the guidelines and recommendations contained
within the Plan. The Committee also reviews projects for
conformity with the OPA Plan.
4. On June 27, 1989, the City Council issued a policy statement
reaffirming the following of the OPA Plan:
no additional lots shall be created within the Plan
boundary having less than one full acre per unit except
those lots within planned unit developments which must
average to be one full acre in size or greater. The
only exception to the one acre size limitation shall be
those parcels having smaller lot zoning consistent with
the OPA Plan. ..."
5. The site is zoned R-l/40, (Residential, Single
Family,Minimum Lot Size 43,560 square feet)
District.6. Surrounding uses include single family residences in
the R-I-I0 and R-1-20 zones to the
west, a church and single family residences in the County E-
4-1 zone to the south and east, and a sand and
gravel operation in the S-
G (Sand and Gravel) zone to the north.NOW, THEREFORE, BE
IT RESOLVED by the City Council of the City of Orange
that Tentative
Tract 14327 be approved for the following reasons:1. The project
layout is a good utilization of the site.2.
The conditions of approval include requirements to assure access to all the
lots
via a private street built to city Standards.BE
IT FURTHER RESOLVED that Conditional Use Permit
1857-90 be granted subject to the following conditions:1.
Development shall be in substantial compliance with plans as approved by
the city Council
and on file with
2. The Design Review Board shall review and approve project
landscaping, perimeter wall, and building elevations prior
to issuance of building permits. If in the event the lots
are sold separately without any structures, the Design
Review Board is to review and approve each individual
residential structure prior to issuance of building
permits. The Design Review Board shall review the plans for
conformance with the OPA Plan and to ensure whenever
possible the preservation of the existing eucalyptus trees.
3. Prior to recordation of the final tract map, the applicant
shall file a deed restriction giving the City of Orange all
access rights from Lots #1, #2, #3, and #4 onto santiago
Canyon Road. The deed restriction is to be reviewed by the
City Attorney prior to recordation.
4. Prior to recordation of the final tract map, the applicant
shall submit to the Director of Community Development for
his approval an acoustical report prepared by an acoustical
engineer showing the existing and projected noise levels on
the site and specifying what measures must be implemented to
reduce the noise levels to City standards. If a sound
attenuation wall is required, it shall be constructed by the
developer prior to recordation of the final tract map.
Also, if other mitigation measures, including building
materials and siting, are required to reduce the noise
levels to City standards, the applicant shall prior to
recordation of the final tract map, file these measures as
deed restrictions on the applicable lots. provisions shall
be included that these measures are to be incorporated into
any building design prior to issuance of building permits.
The deed restriction is to be reviewed by the City Attorney
prior to recordation.
Conditions 5 - 23 shall be complied with to the satisfaction of the
city of Orange's Public Works Department:5.
Subject to conditions of addendum sheet #1.6.
A final map shall be recorded within 24 months after tentative
map approval and prior to the sale or lease of any lot.
7.
Monuments shall be set based on a field survey.8.
Dedicate and construct santiago Canyon Road to city standards.
Construction along Santiago canyon Road to include
a 17' wide recreational trail within private lots.9.
Dedicate and construct "B" street along entire site frontage and
transition in a manner acceptable to the city Engineer.Construction
within public right-of-way shall include a
6 foot sidewalk along west side of the street, 36
feet pavement curb to curb, and 5 foot minimum landscape
along the east side of the street. Construction shall
also 3-Reso No.
include a 12' wide recreational trail within private lots.
Subdivider shall demonstrate the ability to dedicate "B"
street prior to approval of any plans or issuance of any
permits.
10. Construct "A" street to private street standards with cross
section as shown on tentative tract map.
11. Intersection of "B" street and Santiago Canyon Road shall be
designated as right turn only. Design shall include a
raised island as approved by Traffic Engineer.
12. Development shall be annexed into County Sanitation District
7 prior to construction of sewer mains.
13. 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.
14. That an on-site dedicated water line be installed
as designed by the Water
Department.15. That a 36' wide easement over "A" street be dedicated
to include the water main, meters, detector checks,
fire hydrants and an ingress/egress
easement 16. That each residence be metered
separately.17. That the developer pay all Water Department Fees and
charges prior to City Council approval of the Final
Map.18. Dedicate an easement to the city of Orange over street "
A"for ingress/egress and for public related
functions.19. That the developer shall satisfy all East Orange
County Water District Fee
Requirements.20. That the developer construct a waterline in "B" street
to the south tract boundary as designed by the
Water
Department.21. That the developer obtain an encroachment permit from
the County E.M.A. to construct waterline in "B"
street.22. C.C.&Rs. shall be reviewed and approved by the city
Attorney prior to approval of the final tract
map.23. Subject to installing cable television facilities
as required by City's franchised cable T.V.
company.24. Subject to paying the Major Thoroughfare and Bridge
Program,Transportation Systems Improvement Program,
School Development, Fire Facilities, and Police Facilities
Fees prior to issuance of Building
Permits.Reso No. 7732
25. That each lot shall be water metered separately.
conditions 26 - 30 shall be complied with to the satisfaction of the
City of Orange's Fire Department:26.
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 wi~
in 150 feet of all'portions of the exterior walls of the first
story of any building. U.F.C. 10.207 27.
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.I0.207
28. Dead-end Fire Department access roads shall not exceed
600
feet.29. The Fire Department access roadway shall be provided
with adequate turning radius for Fire Department Apparatus. (
A 40' outside radius is a minimum under most
circumstances.)U.F.C.I0.
207 30. Fire Department emergency access must not exceed 12
percent grade. 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.Conditions 31 - 33 shall be complied with to the satisfaction of
the City of Orange's Police Department:
31. 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). Architectural drawings
shall include sections of the ordinance that apply under "
Security Notes". An "Approved Products List" of hardware
and windows is available upon
request.32. All residential structures shall display the
required address devices per Ordinance 7-79. All
structures that fail to meet visibility and legibility
requirements shall display an additional similar address device at
the street driveway entrance, as approved by the
Crime
Prevention Bureau.33. All landscaping shall be maintained so that it
does not interfere with the
required addressing.34. If not utilized, Conditional Use Permit 1857-
90 will expire two years from the date of
City Council approval.35. This condition is added to those conditions
required by the Department
of Community Development.5-
Sale of Lot 3 or issuance of building permits on Lot 3 will
be withheld for a period of six (6) months following City
Council approval of the tentative tract map, for study by
others of the potential for an equestrian undercrossing of
Santiago Canyon Road.
ADOPTED this 15th day of Januarv
ATTEST:
Ci~~tgcp~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 15th day of Januarv, 1991,
by the following vote:
AYES: COUNCIL MEMBERS: STEINER,BARRERA,MAYOR BEYER, COONTZ, SPURGEON
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
Reso No. 7732 6-dg