RES-7736 Granting Conditional Use Permit No. 1861-90RESOLUTION NO. 7736
r'-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
LEWIS DRIVE; 300 FEET EAST OF WINDES DRIVE.
Conditional
Use Permit 1861-90
Applicant: George Adams, Jr.
RECITALS:
After report thereon by the Planning Commission and after due
public hearings as required by law, and after receiving a recommen-
dation from the Planning Commission, recommending, by Resolution
No. PC 78-90, that Conditional Use Permit 1861-90 be
granted to allow creation of five single family lots without direct
access to public street upon property situated on the south side
of Lewis Drive, 300 feet east of Windes Drive, the City
Council considered Conditional Use Permit 1861-90 and determined
that the recommen-dation of the Planning Commission should be
upheld and Conditional Use Permit 1861-90 be granted. Subject
property is more particu-larly described in Exhibit "A" attached heretoandmadeaparthereof. Exhibit "B", is a map
of the subject area.During the public hearing, the City Council
found the facts
to be as follows:1. The subject property is an irregularly
shaped site 5.3 acres in size located on the south side of
Lewis Drive, 300 feet
east of Windes Drive.2. The site is designated on the City'
s General Plan Land Use Policy Map as "Low Density Residential", (2
to 6 dwelling units per acre) and is located within the Orange
Park Acres Plan (OPA)area. The OPA Plan was adopted by the City Councilin1973aspartoftheLandUseElementoftheCity's
General Plan and include portions of the City of Orange and
some surrounding County Land.The OPA Plan defines land uses for thePlanareamorepreciselythandoestheLandUsePolicyMap, 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
3. On June 27, 1989, the City Council issued a policy
statement reaffirming the following:
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. ..."
4. The subject site is zoned R-1-10, (
Residential, single Family, Minimum Lot Size 10,000 square
feet) District.5. The site is adjacent to Lewis Drive, which is
a public street located in an unincorporated county island. The
street has a dedicated right-of-way of forty feet and
is developed with
14 feet of pavement.6. Surrounding uses include single
family residences in the R-1-10 and County E-
4-1 (Small Estate, Single Family, minimum lot size of 1 acre) to
the south, west, and north; and permanent open space that is part of
the santiago Oaks Regional Park to
the north zoned R-O (Recreational - Open Space).7. On August
7, 1990, the City Council approved Lot Line Adjustment 90-8
which adjusted the lot sizes of the two project parcels. The adjustment
resulted in one parcel 5.3 acres in size and the other parcel 1.
5 acres in size.
The larger parcel is the site of this request.8. The site
has a slight slope from the northeast to the
southwest with steep slopes along its northern and eastern
boundaries. The site was previously cleared of native vegetation and now
contains a citrus and avocado orchard, a small
horse corral, a horse stable, and small storage building.A portion
of the northeast corner of the site is covered with an ingress/
egress and utility easement that
is assigned to the parcel east of the site.9. The
development consists of subdividing a 5.3 acre parcel into
5 single family parcels and establishing an ingress/egress easement
for a private street.
The project includes the following dedications and site improvements:A.
Widening the street pavement
for Lewis Drive from 14 feet to 21 feet.B. Vehicular
access from Lewis Drive to the five lots is proposed
by a dedicated 40 foot wide easement for ingress/
egress and utilities purposes. The easement would be improved with
36' pavement width and 2' wide parkways for utility meters
and
lines. The easement will
be
C. Dedication of a 10' wide utility/sewer easement over
a portion of proposed Lots #1 and #2, and over a portion of a
residential lot to the west of the site, and construction of a
sewer line. The sewer line will connect to an existing sewer
main located under Windes Drive.
D. Dedication of a 10' wide drainage easement over a
portion of lot #1, and over a portion of two parcels to the
west of the site, and construction of a 3' wide surface
drainage swale. The proposed drainage swale will direct
surface water runoff from the proposed private street to an
existing street gutter on the east side of Windes Drive.
E. The existing storage building will be removed,
however, the applicant has indicated that the existing corral
land stable will remain on proposed Lot #5.
F. The project also includes the creation of one
lettered lot that includes a private drive that provides
access to a neighboring residence that is not part of this
project. Responsibility of maintaining the driveway within
the lettered lot is proposed to be assigned to the property
owner of the residential parcel to the east of the project.
10. The project includes the creation of a homeowner
association, which will be responsible for maintenance of the
private street, sewer, and drainage improvements.
11. The project will include minor grading and importation of
soil for construction of the private street. The project is
proposing to import 1450 cubic yards to provide the fill for the
road coming off of Lewis Drive. Approximately 29 truck trips are
anticipated to deliver soil to the site.
The applicant has indicated that all existing trees that
are not required to be removed for the grading and construction of
the private street will be retained and maintained.
12. The buildable pad area, which is that portion of the lot
excluding slopes, building setback areas, and easements; is
approximately 20,000 square feet for lot #2, and 30,000 square feet
for the each of remaining lots.
13. The project is intended to create "Lots For Sale".
14. The project conforms with or exceeds the city's R-
1-10 District development standards for lot size and
lot dimensions.15. The project is consistent with the OPA
Plans goals,objectives, and policies stated on pages 97-99 of
the OPA Plan.Specific goals, objectives, and pOlicies that
related to the project
are as follows:Emphasize the rural, green
image promoting the maintenance of trees and the inclusion
of landscaped corrals
and fence lines.3-
Reso
Maintain the existing trees where possible and replant
new trees recommended by a landscape-agricultural
specialist.Provide, where possible, safe, low-
trafficked roads discouraging through traffic compatible with
existing and proposed
arterial roads.16. Further, the OPA Plan contains several
policies with regard to aesthetic issues that relate to the
project. The complete list is contained on pages 100-103
and highlights
include the following:Provide for a variety of house
and structure setbacks;Encourage the use of natural
exteriors, including wood and
warm earth colors;Emphasize ranch style,
low profile structures;Retain the existing eucalyptus hedge rows (
such as along the site's south east border and through
the center
of the site);Low level rural lighting, and
rural road standards.To ensure that the proposed
residential and accessory structures conform to the OPA's design
objectives, staff has recommended a condition of approval that the
Design Review Board review all the residential structures for this site,
even
if built individually.17. The OPA Planning Committee reviewed the
project August 9,1990 and was of the opinion the project conforms to
the OPA Plan for
the following reasons:Density conforms to minimum one dwelling
unit per one acre
of site size,street lighting
is
not included;and The private street does not include
sidewalks, and
has rolled curbs.18. The project does not include
provisions for recreational trails since the Orange Park Acres Plan does not show
a trail link in the vicinity
of the project.19. The Environmental Review Board reviewed
the project and their only comment regarded the future maintenance
of the proposed lettered lot "A" located at the northeast corner of
the site. The Board's concern was that since the lettered lot
provides for the maintenance of a driveway that does not serve any
of the future homeowners within the site, that the
future homeowners association may not have interest in or allocate money to
maintain the drive-way. The lettered lot is shown to include the portion
of the site Reso
which contains the access and utility easement for the single
family residence located east of and outside of the proposed tract
boundaries (addressed 7425 E. Lewis Drive). The remainder of the
easement is over the parcel to the northeast of the site. The
driveway provides the only access to the residence. The Board has
recommended as condition of approval for the project, to assign
responsibility for the maintenance of the diveway within the
lettered lot to the homeowner of the parcel addressed 7425 E. Lewis
Drive.
20. The Conditional Use Permit request is to allow creation
of Lots #1, #4 and #5 without direct frontage to a public street.
The intent of requiring issuance of a Conditional Use Permit for
creating lots without direct access to a public street for creating
lots without direct access to a public street is to ensure that
provisions are made for access to all parcels. A condition of
approval has been included requiring recordation of an ingress/
egress easement for all parcels over the proposed street "A" prior
to final approval of Tentative Tract Map 14322.
NOW, THEREFORE, BE IT RESOLVED by the city Council of the city
of Orange that Conditional Use Permit 1861-90 be granted for
the following
reasons:1. Adequate provisions for access have been made by
creating a private street designed to City
standards.2. The project is compatible with surrounding
development and is consistent with the Orange Park Acres
Plan.BE IT FURTHER RESOLVED that Conditional Use Permit 1861-
90 be granted subject to the
following conditions:1. Development shall be in substantial compliance
with plans as approved by the city Council and Planning Commission and
on file with the Department of
Community Development.2. The Design Review Board shall review
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 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
fruit and
eucalyptus trees.Conditions 3-22 shall be complied with to the
satisfaction of the City of Orange's
Public Works Department:3. Subject to conditions of
addendum sheet #1.4. A final map shall be recorded within
24 months after tentative map approval and prior to the sale or lease
of any lot.5. Monuments shall be set based on
a field survey.5-
6. Dedicate and construct Lewis Drive as required by city
Engineer.
7. Construct private street as shown on tentative tract map
with a maximum grade of 12 percent and additional easement area as
necessary for fire hydrants and water meters.
8. Dedicate and construct sewer main to city standards.
Separate off-site sewer easement shall be dedicated prior to
or concurrent with approval of final tract
map.9. Construct private storm drain system as required by
City Engineer. Off-site private drainage easement must
be obtained prior to approval of final
tract map.10. Homeowners Association shall maintain private
street and on-
sitejoff-site drainage system.11. C.C.& R.'s shall be reviewed
and approved prior to approval
of final tract map.12. Title of Lot "A" shall be transferred
to owner of Parcel 2, Lot Line Adjustment 90-
8 (Easterly adjacent property of proposed Lot #5) or other title
transfer approved by City Engineer and prior
to issuance of any permits.13. An on-site dedicated
water line shall be installed
as
designed
by
the Water Department.14.dedicated hydrants.That public
utilities easement over private street be to include water
main, meters, detector checks, and fire 15.That
each residence be water metered separately.16. That developer pay
all Water Department fees and charges prior to
City Council approval of final map.17. Developer shall
satisfy all East
Orange County Water District fee requirements.18. Install cable television
facilities as required by
city's franchise cable television company.19. Subject to paying the
following fees prior to issuance of building
permits: Major Thoroughfare and Bridge, Transportation Systems
Improvement Program, School Development, Police
Facility,Fire Facility, and Library Facilities.Conditions 20 - 26 shall be complied
with to the satisfaction of the City
of Orange's Fire Department:20. Provide city on-site
fire hydrants 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 3 foot minimum clearance
around the circumference of
The on-site hydrants shall not be controlled by the control
valve P.r.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 21. 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.
207-22. The street width excluding parking of vehicles must
be maintained for emergency vehicles at 20 feet of
unobstructed width. U.F.C.10.
207 23. The Fire Department access roadway shall be an
all weather driving surface capable of supporting the imposed loads
of fire apparatus. U.F.C. 10.
207 24. 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.10.
207 25. 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.26. Prior to development of any lot indicated by this
tract map, approved Fire Department access must be
provided.Conditions 27 - 36 shall be complied with to the satisfaction of
the City of Orange's Police Department:
27. 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.28. An illuminated address of 4 inches in height
is required. The address shall be contrasting to the background
and visible to approaching vehicles. Location to be approved by
Crime Prevention Bureau. (The address is to be located at the
driveway entrance for any structures recessed from lot frontage.) (
Ord.
7-79)29. A second address of 4 inches is required,
located on structure at
driveway entrance.30. All landscaping shall be maintained so that it
does not interfere with the
required addressing.7-Reso
No.
31. Comply with the requirements for rural and private street
lighting.
32. If not utilized, Conditional Use Permit 1861-90
shall expire two years from the date of City Council
approval.ADOPTED this 15th day of Januarv
1991.
ATTEST:
P~city Cler of y of
Orange I hereby certify that the foregoing
Resolution and regularly adopted by the City council of the
City at a regular meeting thereof held on the l~th day
of 1991, by the following
vote:was
duly of
Orange
Januarv ,AYES: COUNCIL MEMBERS: BARRERA, MAYOR BEYER, COONTZ,
SPURGEON NOES: COUNCIL MEMBERS:
STEINER ABSENT: COUNCIL MEMBERS:
NONE cit~~
e~~Reso No. 7736 8-
dg
n
l'-"":::,'i:';:~:1'
1 EXHIBIT
A ALL
THAT CERTAIN LAND SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF
OlANGE, CITY OF OlANGE, DESCRIBED AS FOLLOWS:THAT
PORTION OF SECTION 13, TOWNSHIP 4 SOUTH, lANGE 9 WEST IN THE LAND
ALLOTTED TO PAULA PE~LTA DE DOMINGUEZ IN DECREE OF PARTITION OF
THE IUNCHO SANTIAGO DE SANTA ANA, ~ECO~DED IN BOO~ B OF JUDGMENTS
OF THE 17TH JVDICIAL DISTRICT COTJJ.T OF LOS ANGELES COUNTY,
CALIFORNIA, DESC~IBED AS FOLLOWS:nCINNING
AT THE SOUTHWEST CORNER OF THE 5.042 ACll.EPARCEL OF LAND PER
MAP ~ECORDED IN BOO~ 5, PAGE 20 OF ~ECORDS OF STJJ.VEY, RECORDS OF
OlANGE COUNTY, CALIFORNIA: THENCE NORTH 4' 38' 00" WEST 544.12 FEET:
THENCE SOUTH 79' 00' 00" EAST 259.90 FEET: THENCE NORTH 6'13'
24" EAST 40.14 FEET: THENCE SOUTH 79' 00' 00" EAST 40.11 FEET TO
THE BEGINNING OF THE LAND DESCRIBED IN DEED TO WILLIAM N. WINDES AND
HELEN M. WINDES RECORDED DECEMBER 2, 1938 IN BOO~ 963, PACE 596 OF
OFFICIAL RECORDS: THENCE FOLLOWING THE BOUNDARY OF THE LAND DESCRIBED
IN SAID DEED SOUTH 53' 07' 08" EAST 11.93 FEET; THENCE SOUTH
57' 11' 08" EAST 25.17 FEET; THENCE SOUTH 26' 38' 08" EAST 204.
50 FEET: THENCE SOUTH 38' 50' 09" EAST 132.79 FEET: THENCE SOUTH
24' 57' 36" EAST 2.85 FEET; THENCE LEAVING THE BOUNDARY OF THE
LAND DESCRIBED IN SAID DEED SOUTH 11' 28' 42" EAST 134.20 FEET TO
THE MOST NORTHERLY CORNER or I.OT 14 OF TlUCT 8149 PER MAP RECORDED
IN BOO~ 322, PAGES 11 TO 13 INCLUSIVE OF MISCELLANEOUS MAPS,
RECORDS OF OlANGE COUNTY, CALIFORNIA; THENCE SOUTH 85'24'33"WEST
545.29 FEET ALONG THE NORTHERLY I.INE or SAID T~CT TO THE TRUE POINT
OF BEGINNING.Attachment
Reso.7736